Opinion

State ex rel. Griffin v. Industrial Commission

  • 70 Ohio St. 2d 264
  • 436 N.E.2d 1039
Court
Ohio Supreme Court
Filed
Jun 23, 1982
Status
Published
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by
5 cases
Authority
More cited than 69.6%

The opinion

Per Curiam.

Appellant contends that the commission abused its discretion when his motion for permanent total disability benefits was denied. We disagree.

This court has often stated 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 ; State, ex rel. Reed, v. Indus. Comm. (1965), 2 Ohio St. 2d 200 . Additionally, where the record before the commission contains some evidence supporting its factual findings, those 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. Dodson, v. Indus. Comm. (1980), 62 Ohio St. 2d 408 .

In the instant cause, the hereinbefore mentioned medical opinion of Dr. Kackley clearly constitutes some evidence upon which the commission was entitled to rely in reaching a determination resulting in the denial of appellant’s motion for a permanent and total disability award. Accordingly, since the record contains some evidence which supports the factual findings of the commission, those findings will not be disturbed.

For the foregoing reasons, the judgment of the Court of Appeals denying the writ is affirmed.

Judgment affirmed.

Celebrezze, C. J., W. Brown, Sweeney, Locher, Holmes and Krupansky, 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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