Opinion
No. 75-171
Decided February 11, 1976.
Workmen's compensation — Determination of total and permanent disability — Not subject to review in mandamus, when — Sufficient evidence to support commission's findings.
APPEAL from the Court of Appeals for Franklin County.
On July 29, 1969, James K. Noblick, claimant herein, was injured while in the scope of his employment at appellant's plant. Claimant's application for workmen's compensation benefits was allowed for head and neck injuries described as "radiculitis C-7, C-8 and laceration on forehead." Upon further appeal, the Court of Common Pleas of Licking County, on November 8, 1972, ruled that claimant was entitled to workmen's compensation benefits for the injuries described, as a result of the July 29, 1969, accident.
On January 30, 1974, claimant filed a motion requesting that the Industrial Commission find him permanently and totally disabled. At the hearing, the commission had before it the reports of two physicians finding claimant to have suffered permanent total disability, the report of a third physician finding temporary total disability, and the report of the physician chosen by appellant finding only a partial disability of 10 percent with reservations as to giving a disability determination at all. The commission, on April 9, 1974, issued its findings and order, as follows:
"That the Industrial Commission find[s] from proof of record that claimant is permanently and totally disabled; that in view of the judgment entry in Licking County Court of Common Pleas * * * compensation for permanent total disability be paid from April 15, 1971, to date and to continue * * *."
Appellant then instituted an action for a writ of mandamus in the Court of Appeals, requiring the Industrial Commission to vacate its April 9, 1974, order. The Court of Appeals denied the writ.
The cause is now before this court upon an appeal as a matter of right.
Messrs. Reese, Fitzgibbon, McNenny Price and Mr. James H. McNenny, for appellant.
Mr. William J. Brown, attorney general, Mr. Michael J. Hickey and Mr. William Naperstick, for appellee Industrial Commission.
Messrs. Larrimer Larrimer and Mr. Craig Aalyson, for appellee James K. Noblick.
Appellant contends, in essence, that there is no competent medical evidence to support the Industrial Commission's order granting claimant permanent and total disability from a previously allowed claim, thus constituting an abuse of discretion subject to correction by an action in mandamus.
This court has consistently stated that "the determination of disputed factual situations is within the final jurisdiction of the commission, subject to correction by action in mandamus only upon a showing of abuse of discretion * * * [but] where the record contains evidence which supports the commission's factual findings, this court will not disturb that determination * * *" (Citations omitted.) State, ex rel. General Motors Corp., v. Indus. Comm. (1975), 42 Ohio St.2d 278, 282-283.
Upon a review of the record, this court concurs with the decision of the Court of Appeals below that "there is sufficient evidence * * * to support a conclusion both that claimant is permanently and totally disabled and that such disability resulted from the industrial injury involved * * * [and] [t]here is sufficient evidence to support the commission's finding as to the date of commencement of the permanent total disability."
As did the Court of Appeals, we conclude that the order of the Industrial Commission herein did not constitute an abuse of discretion.
The judgment of the Court of Appeals denying the writ is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.