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STATE EX REL. SHIVELY v. MURPHY MOTOR FREIGHT

No. 93-1949.

71 Ohio St.3d 114 (1994)

THE STATE EX REL. SHIVELY, APPELLANT, v. MURPHY MOTOR FREIGHT, BANKRUPT; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Lancione Law Offices and David Lancione, for appellant.

Lee I. Fisher, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee.

Per Curiam.

Loss of dependency dictates redistribution of the former dependents' death benefits among the remaining dependents. See State ex rel. Columbus & S. Ohio Elec. v. Indus. Comm. (1979), 65 Ohio App.2d 83, 14 O.O.3d 85, 416 N.E.2d 629. No statutory formula directs how these funds are to be reapportioned. Instead:

"* * * The commission has final discretion to award death benefits solely...

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