STATE, EX REL. THOMPSON v. FENIX & SCISSON, INC.

No. 84-806.

19 Ohio St. 3d 76 (1985)

THE STATE, EX REL. THOMPSON, APPELLANT, v. FENIX & SCISSON, INC.; INDUSTRIAL COMMISSION, OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided August 9, 1985.


Attorney(s) appearing for the Case

Michael J. Muldoon, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Marcia J. Harris, for appellee.


CLIFFORD F. BROWN, J.

Appellant urges that the commission's order denying him permanent total disability benefits constitutes an abuse of discretion as it is unsupported by the evidence. We agree.

This court has repeatedly held that where there is no evidence upon which the commission could have based its factual conclusion, an abuse of discretion exists and mandamus becomes appropriate. See, e.g., State, ex rel. Wallace, v. Indus. Comm. (1979...

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