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STATE, EX REL. BURDETTE, v. DAYTON WALTHER CORP.

No. 84-694.

14 Ohio St. 3d 29 (1984)

THE STATE, EX REL. BURDETTE, APPELLANT, v. DAYTON WALTHER CORP.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided November 21, 1984.

Attorney(s) appearing for the Case

Mr. James R. Piercy and Mr. Richard M. Malone, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Michael L. Squillace and Mr. Lee M. Smith, for appellee.

Per Curiam.

Appellant seeks a writ of mandamus to order the Industrial Commission to award him permanent total disability benefits due to his work-related impairment of pulmonary silicosis.

R.C. 4123.68 concerns disabling occupational diseases contracted by employees in the work place. Division (Y) provides, inter alia, that "[c]ompensation * * * on account of silicosis * * * [is] payable only in the event of temporary total disability, permanent...

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