State ex rel. Republic Steel Corp. v. Industrial Commission

Appellant alleges that the Industrial Commission abused its discretion by allowing the occupational disease claim involved in the instant cause. This court, however, has consistently held that mandamus will not lie where there is some evidence to support the finding of the commission. See State, ex rel. Mees, v. Indus. Comm. (1972), 29 Ohio St. 2d 128, 131; State, ex rel. Davis, v. Indus. Comm. (1979), 60 Ohio St. 2d 160, 161.

The claimant in this cause established compensability under R. C. 4123.68(BB), a residual definitional section dealing with non-scheduled occupational diseases. That…