# State ex rel. Peeples v. Farley Paving Co.

> Ohio Supreme Court · April 29, 1981 · 66 Ohio St. 2d 106

URL: https://www.frixlaw.com/law-library/cases/6757177

## Case

- **Full name:** The State, ex rel. Peeples v. Farley Paving Co.
- **Court:** Ohio Supreme Court
- **Decided:** April 29, 1981
- **Citations:** 66 Ohio St. 2d 106; 20 Ohio Op. 3d 96; 420 N.E.2d 111; 1981 Ohio LEXIS 480
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757177

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757177. Public record. Not legal advice.