State Ex Rel. Secreto v. Industrial Commission

Moyer, C J.

Claimant seeks to compel an award of permanent total disability compensation (“PTD”). The commission seeks to uphold its order denying PTD.

The appropriate standard guiding our review is whether there is “some evidence” in the record to support the commission’s decision. State ex rel. Burley v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70, 508 N.E.2d 936. If so, then the commission will not be deemed to have abused its discretion, and the granting of a writ of mandamus to correct an abuse of discretion is not warranted.

All examining physicians agreed that appellant…