# State ex rel. Cox v. Industrial Commission

> Ohio Supreme Court · July 15, 1981 · 67 Ohio St. 2d 235

URL: https://www.frixlaw.com/law-library/cases/6757310

## Case

- **Full name:** The State, ex rel. Cox, and v. Industrial Commission, and
- **Court:** Ohio Supreme Court
- **Decided:** July 15, 1981
- **Citations:** 67 Ohio St. 2d 235; 21 Ohio Op. 3d 147; 423 N.E.2d 441; 1981 Ohio LEXIS 571
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brown
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 17 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/6757310

## Opinion text

Clifford F. Brown, J.,
concurring in part and dissenting in part.
While wholeheartedly agreeing with the statement of the case as set forth in the syllabus, I dissent from the holding of the majority that a hearing before the commission is necessary to adduce additional evidence relating to causation of claimant’s injury. I believe a writ of mandamus should issue directing the commission to find her injuries to be caused by Inland’s failure to comply with specific safety requirements. The record, including the report of the investigator which stands unrefuted, conclusively established that claimant’s injuries resulted from Inland’s failure to comply with regulations IC-5-03.05(A) and IC-5-03.06(B) requiring guards to protect workers from machinery.
By granting claimant a hearing before the commission to cure the alleged “absence of evidence,” the majority erred on the side of caution. Nothing more need be established concerning claimant’s injury. This case should end here and now.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757310. Public record. Not legal advice.