Opinion

State ex rel. Peeples v. Farley Paving Co.

66 Ohio St. 2d 106
20 Ohio Op. 3d 96
420 N.E.2d 111
1981 Ohio LEXIS 480

Court: Ohio Supreme Court
Filed: Apr 29, 1981
Status: Published
Author: Brown
On the bench: Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by: 5 cases
Authority: More cited than 15.1%

The opinion

Clifford F. Brown, J.,

concurring. It is my view that the “some evidence” test is inadequate in determining whether to grant or deny mandamus relief when findings of the Industrial Commission are challenged, as expressed in my dissent in State, ex rel. Manley, v. Indus. Comm. (1981), 66 Ohio St. 2d 40 , page 42.

However, in the present Peeples case there is sufficient evidence in the record under any reasonable burden of proof standard to support the Industrial Commission findings denying an increase in percentage of permanent partial disability because of psychiatric problems. For that reason I concur in affirmance.

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