State ex rel. Cunningham v. Industrial Commission

Howard Cunningham, appellant, seeks a writ of mandamus to compel the Industrial Commission of Ohio, appellee, to vacate its order denying his application for permanent total disability compensation (“PTD”) and to enter an order granting this compensation. The Court of Appeals for Franklin County denied the writ, finding that the commission’s order was supported by some evidence and, therefore, not an abuse of discretion. On Cunningham’s appeal as of right, we affirm.

Cunningham injured his back in 1982 while working as a pumper for a petroleum company. After that, Cunningham stopped working.…