State ex rel. Tweed v. Columbus Parcel Services, Inc.

The issue presented in this appeal is whether the Industrial Commission abused its discretion in finding the relators to be only partially dependent on their natural father at the time of his death. In order to determine whether an abuse of discretion has occurred we need only determine whether there is “some evidence” to support the commission’s finding. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58. Or, as stated in Consolidation Coal Co. v. Indus. Comm. (1979), 58 Ohio St. 2d 127, at 129: “ * * * only where there is no evidence of probative value in the record…