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STATE EX REL. SIX v. INDUS. COMM.

No. 83AP-485.

21 Ohio App. 3d 22 (1984)

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

Court of Appeals of Ohio, Franklin County.

Decided July 24, 1984.

Attorney(s) appearing for the Case

Clayman & Jaffy Co., L.P.A., Stewart R. Jaffy and John F. Livorno, for relator.

Anthony J. Celebrezze, Jr., attorney general, and Bradley J. Finn, for respondents Industrial Commission and Bureau of Workers' Compensation.

Alexander, Ebinger, Fisher, McAlister & Lawrence, Adele E. O'Conner and Gregory W. Swart, for respondent Southern Ohio Coal Company.

STRAUSBAUGH, J.

Relator Dorothy Six brings this action in mandamus seeking to compel respondent Industrial Commission to award her additional benefits for the violation by respondent Southern Ohio Coal Company of a specific safety requirement.

The deceased, James Six, was killed on May 5, 1978 while in the course of his employment with Southern Ohio Coal Company ("SOCC"). He died as a result of severe injuries suffered in the cave-in of an underground coal...

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