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STATE EX REL. RICHARD v. BD. OF TRUSTEES OF POLICE & FIREMEN'S DISABILITY & PENSION FUND

No. 93-2121.

69 Ohio St.3d 409 (1994)

THE STATE EX REL. RICHARD, APPELLEE, v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND, APPELLANT.

Supreme Court of Ohio.

Decided June 8, 1994.

Attorney(s) appearing for the Case

David M. Hollingsworth, for appellee.

Lee Fisher, Attorney General, and Doug S. Musick, Assistant Attorney General, for appellant.

Per Curiam.

Appellant asserts in its sole proposition of law that the court of appeals erred in granting appellee a writ of mandamus since, pursuant to amended R.C. 742.37(C)(8), a member receiving maximum partial disability benefits under R.C. 742.37(C)(3) is not eligible for permanent total disability benefits under R.C. 742.37(C)(2). In order for a writ of mandamus to issue, a relator must demonstrate that (1) he or she has a clear legal right to the relief...

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