STATE EX REL. WALLACE v. INDUS. COMM.

No. 78-298.

57 Ohio St. 2d 55 (1979)

THE STATE, EX REL. WALLACE., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 14, 1979.


Attorney(s) appearing for the Case

White, Getgey & Meyer Co., L. P. A., and Ms. Dianne L. Blocker, for appellant.

Mr. William J. Brown, attorney general, and Mr. Solomon Hertzel Basch, for appellee.


Per 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...

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