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THE STATE, EX REL. TRUCKEY v. INDUSTRIAL COMMISSION OF OHIO

No. 71-507.

29 Ohio St. 2d 132 (1972)

THE STATE, EX REL. TRUCKEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Messrs. Shapiro, Kendis & Petro, and Mr. Alan J. Shapiro, for appellee.

Mr. William J. Brown, attorney general, Mr. R. Patrick Baughman, and Mr. James W. Brown, for appellant.

STERN, J.

Relator contends in his complaint that the uncontradicted facts clearly and convincingly establish that he was injured as a result of a violation of Section IC-5-09.03 (A) of Bulletin IC-5.1 If this contention is correct, the Industrial Commission must award relator an amount as prescribed in Section 35, Article II of the Ohio Constitution.

Respondent contends that the writ should not issue unless an abuse of discretion...

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