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STATE EX REL. JARRETT v. INDUS. COMM.

No. 93-868.

69 Ohio St.3d 127 (1994)

THE STATE EX REL. JARRETT, APPELLEE AND CROSS-APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided April 27, 1994.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellee and cross-appellant.

Lee I. Fisher, Attorney General, Merl H. Wayman and Richard A. Hernandez, Assistant Attorneys General, for appellant and cross-appellee Industrial Commission.

Bricker & Eckler, Charles D. Smith and Sarah J. DeBruin, for appellant and cross-appellee Amcast Industrial Corp.

Per Curiam.

Claimant seeks a writ of mandamus to compel an award of permanent total disability compensation. See State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. The commission and employer seek reinstatement of the commission's order. For the reasons to follow, we affirm the judgment below.

We find initially that the commission's order violates Noll. Claimant has a fairly...

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