State ex rel. Kramer v. Industrial Commission

It is well established that mandamus will

not lie where there is some evidence to support the finding of the Industrial Commission. See State, ex rel. Mees, v. Indus. Comm. (1972), 29 Ohio St. 2d 128. Where there is no evidence upon which the commission could have based •its factual conclusion an abuse of discretion is present and mandamus becomes appropriate. State, ex ret. Hutton, v. Indus. Comm. (1972), 29 Ohio St. 2d 9.

Relator contends that the opinion of Dr. Koenigshcff does not constitute “evidence” upon which the commission could have based its decision. In State, ex rel. Wallace, v.…