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STATE, EX REL. COLUMBUS AND SOUTHERN OHIO ELECTRIC CO. v. INDUSTRIAL COMMISSION OF OHIO

No. 79AP-43.

65 Ohio App. 2d 83 (1979)

THE STATE, EX REL. COLUMBUS AND SOUTHERN OHIO ELECTRIC COMPANY, v. INDUSTRIAL COMMISSION OF OHIO.

Court of Appeals of Ohio, Franklin County.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Messrs. Porter, Wright, Morris & Arthur, Mr. Charles J. Kurtz, III, and Ms. Roberta Y. Bavry, for relator.

Mr. William J. Brown, attorney general, and Mr. Robert L. Holder, for respondent.

Mr. Gus Robbins-Penniman, for respondents-intervenors Traci R. Keller et al.

MCCORMAC, J.

The Columbus and Southern Ohio Electric Company, relator, seeks the issuance of a writ of mandamus from this court setting aside the reapportionment of death benefits arising from the death of Jack S. Keller on the basis that respondent Industrial Commission of Ohio grossly abused its discretion.

The issue is whether the Industrial Commission of Ohio has the authority and jurisdiction to reapportion death benefits to remaining dependents in the...

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