State ex rel. Jennings v. Industrial Commission

“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 rel. Hutton, v. Indus. Comm. (1972), 29 Ohio St. 2d 9 [58 O.O.2d 66].” State, ex rel. Kramer, v. Indus. Comm. (1979), 59 Ohio St. 2d 39, 42 [13 O.O.3d 30, 31].

Relator argues that upon deposition, Dr. McCloud repudiated the conclusion in his report and thus the report cannot constitute evidence to support the order of the commission. We agree.

The purpose of permanent total disability benefits is to compensate a claimant for…