Legal Opinion

State ex rel. Wallace v. Industrlal Commission

Ohio Supreme Court

Decided March 14, 1979No. 78-298PublishedCited by 57 opinions

1Per curiam

The essence of the appellant’s argument is that the medical opinion of Dr. Davies is not “evidence” upon which the commission could base its determination that he is not totally and permanently disabled. Consequently, if that opinion is disregarded all that remains in the record is evidence which supports a finding of such disability.

This court has held on numerous occasions that mandamus will not lie where there is some evidence to support the finding of the Industrial Commission. See, e. g., State, ex rel. Mees, v. Indus. Comm. (1972), 29 Ohio St. 2d 128; State, ex rel. Ruggles, v. Stebbins…

2Cases cited3 opinions

  1. State ex rel. Hutton v. Industrial CommissionOhio Supreme Court · 1972
  2. State ex rel. Mees v. Industrial CommissionOhio Supreme Court · 1972
  3. State ex rel. Ruggles v. StebbinsOhio Supreme Court · 1975

3Cited by57 opinions

  1. State ex rel. Teece v. Industrial CommissionOhio Supreme Court · 1981
  2. State ex rel. Rouch v. Eagle Tool & Machine Co.Ohio Supreme Court · 1986
  3. State ex rel. Paragon v. Industrial CommissionOhio Supreme Court · 1983
  4. State ex rel. Anderson v. Industrial CommissionOhio Supreme Court · 1980
  5. State ex rel. Lampkins v. Dayton Malleable, Inc.Ohio Supreme Court · 1989

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