Opinion

State ex rel. G F Business Equipment, Inc. v. Industrial Commission

  • 66 Ohio St. 2d 446
  • 20 Ohio Op. 3d 379
  • 423 N.E.2d 99
  • 1981 Ohio LEXIS 530
Court
Ohio Supreme Court
Filed
Jun 17, 1981
Status
Published
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
29 cases
Authority
More cited than 99.7%

The opinion

Per Curiam.

Relator contends that the commission abused its discretion in sustaining claimant’s motion for permanent total disability benefits. We find this contention to be without merit.

Essentially, relator asks this court to reweigh the medical evidence. It is well established that “* * *the determination of disputed factual situations is within the final jurisdiction of the Industrial Commission, and subject to correction by action in mandamus only upon a showing of abuse of discretion.” State, ex rel. Haines, v. Indus. Comm. (1972), 29 Ohio St. 2d 15, 16 . See, also, State, ex rel. Reed, v. Indus. Comm. (1965), 2 Ohio St. 2d 200 ; State, ex rel. Allied Wheel Products, v. Indus. Comm. (1956), 166 Ohio St. 47 .

This court has repeatedly held that where the record contains some evidence which supports the commission’s factual findings, such findings will not be disturbed. State, ex rel. Humble, v. Mark Concepts, Inc. (1979), 60 Ohio St. 2d 77 ; State, ex rel. Davis, v. Indus. Comm. (1979), 60 Ohio St. 2d 160 ; State, ex rel. Republic Steel, v. Indus. Comm. (1980), 61 Ohio St. 2d 193 ; State, ex rel. Dodson, v. Indus. Comm. (1980), 62 Ohio St. 2d 408 . Examination of the record indicates that the medical opinions of Dr. Kravec and Dr. Dombczewsky constitute some evidence which support the commission’s factual determinations.

Accordingly, the writ of mandamus is denied.

Writ denied.

Celebrezze, C. J., W. Brown, P. Brown, Sweeney, Locher, Holmes and C. Brown, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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