STATE EX REL. EBERHARDT v. FLXIBLE CORP.

No. 93-705.

70 Ohio St.3d 649 (1994)

THE STATE EX REL. EBERHARDT, APPELLEE, v. FLXIBLE CORPORATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 9, 1994.


Attorney(s) appearing for the Case

Colasurd & Colasurd and Michael D. Colasurd, for appellee.

Vorys, Sater, Seymour & Pease, Bradley K. Sinnott and William C. Heer III, for appellant Flxible Corporation.

Lee I. Fisher, Attorney General, and William J. McDonald, Assistant Attorney General, for appellant Industrial Commission.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amici curiae, Ohio AFL-CIO, United Auto Workers and Ohio Academy of Trial Lawyers.


ALICE ROBIE RESNICK, J.

This court employs the "some evidence" rule in determining the propriety of mandamus actions which challenge the commission's factual findings. Where the record contains some evidence to support the commission's factual conclusions, its decision will stand. Conversely, where the record contains no evidence to support the commission's order, an abuse of discretion will be found. See State ex rel. Hughes v. Goodyear Tire & Rubber Co.<...

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