STATE EX REL. NICHOLSON v. COPPERWELD STEEL CO.

No. 94-2352.

77 Ohio St.3d 193 (1996)

THE STATE EX REL. NICHOLSON, APPELLANT, v. COPPERWELD STEEL COMPANY; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 18, 1996.


Attorney(s) appearing for the Case

Jurus Law Offices and Michael J. Muldoon, for appellant.

Betty D. Montgomery, Attorney General, and Charles Zamora, Assistant Attorney General, for appellee.


Per Curiam.

Two questions are presented for our review: (1) Is mandamus available to compel payment, pursuant to R.C. 4123.60, to a decedent's spouse of the PTD the decedent could have received prior to his death? and (2) Did the commission abuse its discretion in finding that Charles was not entitled to PTD and denying Marian the payments available under R.C. 4123.60? For the reasons that follow, we hold that R.C. 4123.60 affords dependents, upon timely application...

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