State ex rel. Lampkins v. Dayton Malleable, Inc.

Where the record contains “some evidence” to support the commission’s findings, there has been no abuse of discretion and mandamus will not lie. State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18, 31 OBR 70, 508 N.E. 2d 936. We are asked to determine whether the commission order at bar is supported by “some evidence.” We hold that it is not.

The parties concentrate on the sufficiency of the Walker and Walsh *16reports under State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 11 O.O. 3d 216, 386 N.E. 2d 1109. That decision held that a non-examining physician’s…