State ex rel. Davis v. Industrial Commission

Appellant alleges that the commission abused its discretion in denying his motion for permanent and total disability. It is well established, however, that mandamus will not lie where there is some evidence to support the finding of the commission. See State, ex rel. Ruggles, v. Stebbins (1975), 41 Ohio St. 2d 228. In State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, this court held that the opinion of a non-examining physician may constitute evidence before the commission if he expressly accepts the findings of the examining physician, but expresses his own conclusion based…