Legal Opinion

State ex rel. Arias v. Industrial Commission

Ohio Supreme Court

Decided February 21, 1990No. 89-648PublishedCited by 10 opinions

1Opinion of the CourtSweeney, J.

As cogently noted by the referee in the court of appeals below, in order for mandamus to issue, the person requesting such an extraordinary writ as a remedy from a determination of the Industrial Commission must show he or she has a clear legal right to such a remedy. See, e.g., State, ex rel. Westchester Estates, Inc., v. Bacon (1980), 61 Ohio St. 2d 42, 15 O.O. 3d 53, 399 N.E. 2d 81, paragraph one of the syllabus. It is also well-settled that mandamus will not lie *78where the record contains “some evidence” to support the finding of the commission. See, e.g., State, ex rel. Lewis, v. Diamond…

2Cases cited11 opinions

  1. State ex rel. Lewis v. Diamond Foundry Co.Ohio Supreme Court · 1987
  2. State ex rel. Stephenson v. Industrial CommissionOhio Supreme Court · 1987
  3. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980
  4. State ex rel. Rockwell International v. Industrial CommissionOhio Supreme Court · 1988
  5. State Ex Rel. Jones & Laughlin Steel Corp. v. Industrial CommissionOhio Court of Appeals · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State ex rel. Eaton Corp. v. Industrial CommissionOhio Supreme Court · 1993
  2. State ex rel. Holman v. Longfellow RestaurantOhio Supreme Court · 1996
  3. State ex rel. White v. U.S. Gypsum Co.Ohio Supreme Court · 1990
  4. State Ex Rel. Maringer v. Cincinnati Milacron, Inc.Ohio Court of Appeals · 1990
  5. State ex rel. Holbrook v. Indus. Comm.Ohio Court of Appeals · 2024

5 more not listed; retrieve them via the Exa API.

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