State ex rel. Moon v. Daugherty

Because the instant cause originated in a Court of Appeals, this court is obligated, pursuant to Section 2, Article TV of the Ohio Constitution, to review it. Having done so, we find no merit in relator’s appeal. The sole issue raised by Moon is whether mandamus should lie. Mandamus will not lie unless there is a clear legal duty to perform an official act. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141, paragraph one of the syllabus. The commission is under no such legal duty to increase Moon’s disability compensation unless the record reveals that its determination not…