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

No. 82-247.

2 Ohio St. 3d 173 (1983)

THE STATE, EX REL. NYITRAY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 5, 1983.


Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., Ms. Dorothy B. McCrory, Mr. William E. Takacs and Mr. Michael A. Vanderhorst, for appellant.

Mr. William J. Brown, attorney general, and Mr. Bradley J. Finn, for appellee Industrial Commission.


CELEBREZZE, C.J.

This cause presents the issue of whether a writ of mandamus was properly denied in which the widow-appellant seeks an order that the Industrial Commission pay her the temporary total disability compensation that her husband was entitled to receive, had applied for and had been granted, but had not received at the time of his death. We conclude that the writ was improperly denied for the following reasons.

Under Ohio's workers' compensation...

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