# State ex rel. American Home Products Corp. v. Industrial Commission

> Ohio Supreme Court · November 9, 1988 · 39 Ohio St. 3d 317

URL: https://www.frixlaw.com/law-library/cases/6760928

## Case

- **Full name:** The State, ex rel. American Home Products Corp., Ekco Housewares Company Division v. Industrial Commission of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** November 9, 1988
- **Citations:** 39 Ohio St. 3d 317; 530 N.E.2d 873; 1988 Ohio LEXIS 354
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
- **Cited by:** 3 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/6760928

## Opinion text

Per Curiam.
Appellant specifically contends that the commission’s determination of a violation of IC-5.08.03 (A)(3) was not supported by “any evidence,” as it was erroneously premised on an unsupported version of the accident. We disagree.
Wliere the record contains some evidence to support the commission’s findings, there has been no abuse of discretion and mandamus will not lie. State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St. 3d 18 , 31 OBR 70, 508 N.E. 2d 936 . Moreover, as we stated in Burley, “[t]he commission alone shall be responsible for the evaluation of the weight and credibility of the evidence before it.” (Emphasis added.) Id. at 20-21 , 31 OBR at 72, 508 N.E. 2d at 938 .
In the present case, the commission, after considering the Stanfield affidavit, determined that appelleeclaimant’s injury was the result of appellant’s failure to satisfy the safety requirements of IC-5.08.03(A)(3). There was thus some evidence in support of its decision.
Accordingly, we affirm the judgment of the court of appeals denying the writ.
Judgment affirmed.
Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6760928. Public record. Not legal advice.