issuing a limited writ requiring the commission to have further medical evaluations performed when the record was devoid of any evidence on which the commission could approve or deny the request for compensation
How later courts described this case
- issuing a limited writ requiring the commission to have further medical evaluations performed when the record was devoid of any evidence on which the commission could approve or deny the request for compensation
Written by the judges who cited it.
The opinion
Holmes, J.,
dissenting. To be successful herein, appellant has the burden of showing a clear legal right to a writ of mandamus. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141 [ 40 O.O.2d 141 ]. In my view, appellant has not satisfied his burden of proof and, therefore, I dissent.
In his medical report, Dr. Warren D. Long reported a finding of irregular functioning of appellant’s lower extremities, as well as a history of other physical problems not related to appellant’s allowed condition. In addition, Dr. Stephen H. Hochschuler noted similar findings with regard to appellant’s legs. This evidence warrants a conclusion by the commission that, while appellant might have been totally disabled, his conditions other than the one recognized contributed to this disability.
Accordingly, I would affirm the judgment of the court of appeals.