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STATE EX REL. PASS v. C.S.T. EXTRACTION CO.

No. 94-893.

74 Ohio St.3d 373 (1996)

THE STATE EX REL. PASS, APPELLANT, v. C.S.T. EXTRACTION COMPANY; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Barkan & Neff, L.P.A., and David E. Pryor, for appellant.

Betty D. Montgomery, Attorney General, and Melanie Cornelius, Assistant Attorney General, for appellee.

WRIGHT, J.

Two questions are presented: (1) Does the commission's order satisfy Noll, supra? and (2) Is claimant entitled to a writ of mandamus compelling permanent total disability compensation consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666, if Noll has not been met? For the reasons to follow, we answer both questions in the negative.

Noll directs...

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