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STATE, EX REL. DAVEY v. INDUS. COMM.

No. 39983.

6 Ohio St. 2d 207 (1966)

THE STATE, EX REL. DAVEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 1, 1966.

Attorney(s) appearing for the Case

Mr. A. Millard Armstrong, for appellee.

Mr. William B. Saxbe, attorney general, Mr. Donald M. Colasurd, Mr. William M. Culbert, Messrs. Vorys, Sater, Seymour & Pease and Mr. Fred G. Preston, for appellants.

ZIMMERMAN, J.

Two questions suggest themselves: (1) Was mandamus in the Court of Appeals an appropriate and available remedy? and (2) was the writ properly issued?

As a result of the industrial accident to Davey on October 16, 1957, the Industrial Commission awarded him compensation for an arm and shoulder injury. But his claim filed with the commission included the aggravation of a prior neck disability growing...

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