Opinion
Nos. 38594 and 38595
Decided June 17, 1964.
Workmen's compensation — Silicosis — Claims allowed by Industrial Commission — Evidence sufficient to warrant — Mandamus to require orders be set aside denied.
APPEALS from the Court of Appeals for Franklin County.
Two employees of the relator, The Hall China Company, filed with the Bureau of Workmen's Compensation claims for total disability due to silicosis. The claims were denied by the administrator of the bureau, and his decisions were affirmed by the Canton Regional Board of Review. Upon appeals to the Industrial Commission, the claims were allowed.
By the instant actions in mandamus, instituted in the Court of Appeals, the relator seeks writs requiring the respondent, the Industrial Commission, to set aside its orders allowing compensation and to affirm the decisions of the regional board; to deny the claims; and to correct relator's rating experience so as to remove therefrom the additional charges made on the basis of respondent's orders allowing the claims.
The relator alleges that the orders of the commission were unreasonable, arbitrary and unlawful and constituted a gross abuse of discretion in that they were not supported by the evidence.
The Court of Appeals denied the writs.
Appeals as of right bring the causes to this court for review.
Messrs. Vorys, Sater, Seymour Pease, Mr. Russell P. Herrold, Jr., Messrs. Squire, Sanders Dempsey and Mr. William C. Hartman, for appellant.
Mr. William B. Saxbe, attorney general, Mr. Robert M. Duncan and Mr. Robert N. Wistner, for appellee.
The Industrial Commission, a fact-finding administrative agency, has made factual determinations in these causes. This court cannot say, from an examination of the records, that the commission abused its discretion in making such findings. A clear legal right to writs of mandamus has not been established.
The judgments of the Court of Appeals are affirmed.
Judgments affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.