# State ex rel. Posey v. Industrial Commission

> Ohio Supreme Court · August 1, 1984 · 12 Ohio St. 3d 298

URL: https://www.frixlaw.com/law-library/cases/6758564

## Case

- **Full name:** The State, ex rel. Posey v. Industrial Commission of Ohio Diamond Shamrock Corporation
- **Court:** Ohio Supreme Court
- **Decided:** August 1, 1984
- **Citations:** 12 Ohio St. 3d 298; 12 Ohio B. 372; 466 N.E.2d 548; 1984 Ohio LEXIS 1213
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 10 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/6758564

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758564. Public record. Not legal advice.