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STATE, EX REL. WOOTEN, v. INDUSTRIAL COMMISSION OF OHIO

No. 81AP-875.

8 Ohio App. 3d 296 (1982)

THE STATE, EX REL. WOOTEN, v. INDUSTRIAL COMMISSION OF OHIO, ET AL.

Court of Appeals of Ohio, Franklin County.

Decided November 23, 1982.

Attorney(s) appearing for the Case

Shapiro, Kendis & Assoc. Co., L.P.A., and Mr. Alan J. Shapiro, for relator.

Mr. William J. Brown, attorney general, Mr. Bradley J. Finn and Mr. Lee Smith, for respondents.

McCORMAC, J.

Relator, Floyd L. Wooten, commenced a mandamus action in this court to order the Industrial Commission to allow change of occupation benefits provided by R.C. 4123.57(D) to apply to claimant's injury of carcinoma of the lungs from chromate exposure. Relator claims the Industrial Commission abused its discretion in not allowing those benefits to him because, as a matter of law, change of occupation benefits apply to claims allowed pursuant to R.C. 4123...

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