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STATE EX REL. MISSIK v. CITY OF YOUNGSTOWN

No. 92-155.

65 Ohio St.3d 189 (1992)

THE STATE EX REL. MISSIK, APPELLANT, v. CITY OF YOUNGSTOWN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1992.

Attorney(s) appearing for the Case

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald E. Slipski and Steven L. Paulson, for appellant.

Lee I. Fisher, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Per Curiam.

Pursuant to our decision in State ex rel. Litten v. Indus. Comm. (1992), 65 Ohio St.3d 178, 602 N.E.2d 624, we find that the commission's permanent total disability finding, by attributing the award's costs exclusively to PEL3212, did not encompass PEL4593 and PE626746. We thus find that the commission abused its discretion in dismissing claimant's permanent partial disability application in PEL4593...

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