STATE, EX REL. OHIO MUSHROOM, CO. v. INDUS. COMM.

No. 88-1119.

47 Ohio St. 3d 59 (1989)

THE STATE, EX REL. OHIO MUSHROOM COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 6, 1989.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Thomas M. Taggart and Joseph A. Brunetto, for appellant.

Gallon, Kalniz, & Iorio Co., L.P.A., and William R. Menacher, for appellee Alvarez.

Anthony J. Celebrezze, Jr., attorney general, and James A. Barnes, for appellee Industrial Commission.


Per Curiam.

Under Section 35, Article II of the Ohio Constitution, the commission has "full power and authority to hear and determine whether or not an injury, disease or death resulted because of the failure of the employer to comply with any specific requirement for the protection of the lives, health or safety of employes * * *." This determination rests exclusively with the commission and may be corrected by mandamus only where an abuse of discretion occurs...

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