Summary
The Ohio Supreme Court affirmed the denial of a writ of mandamus sought by Scioto Metals, Inc. to vacate Industrial Commission findings that it violated two specific safety requirements. The court held that some evidence supported the Commission’s findings and that the Commission properly evaluated the evidentiary weight and credibility concerning Reese’s workplace injuries.
Holdings
- The record contained some evidence supporting the Commission's findings that Scioto Metals violated Ohio Adm.Code 4121:1-5-11(D)(10)(a) and 4121:1-5-05(D)(1), and that the violations caused Reese's injuries.
- A Commission order supported by some evidence cannot be disturbed in mandamus as an abuse of discretion.
Questions Presented
- Whether some evidence supported the Industrial Commission's finding that Scioto Metals violated Ohio Adm.Code 4121:1-5-11(D)(10)(a).
- Whether some evidence supported the Industrial Commission's finding that Scioto Metals violated Ohio Adm.Code 4121:1-5-05(D)(1), causing Reese's injuries.
- Whether Scioto Metals was entitled to a writ of mandamus because the Commission abused its discretion in granting Reese's VSSR application.
Disposition
affirmed
Cases Cited (2)
- State ex rel. Yancey v. Firestone Tire & Rubber Co., 77 Ohio St. 3d 367, 673 N.E.2d 1374 (1997)(followed)
- State ex rel. Athey v. Indus. Comm., 89 Ohio St. 3d 473, 475, 733 N.E.2d 589, 591 (2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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