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STATE EX REL. ANDERSON v. STATE, DEPT. OF STATE PERSONNEL

No. 79-188.

60 Ohio St. 2d 106 (1979)

THE STATE, EX REL. ANDERSON, APPELLANT, v. THE STATE OF OHIO, DEPT. OF STATE PERSONNEL, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 12, 1979.

Attorney(s) appearing for the Case

Mr. John R. Workman, for appellant.

Mr. William J. Brown, attorney general, and Mr. James R. Piercy, for appellees.

Per Curiam.

In substance, appellant alleges that the commission abused its discretion in denying his motion for permanent and total disability. It is well established that mandamus will not lie where there is some evidence to support the finding of the Industrial Commission. However, where there is no evidence upon which the commission could have based its factual conclusion an abuse of discretion is presented...

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