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STATE EX REL. CONSOLIDATION COAL CO. v. INDUS. COMM.

No. 94-2708.

78 Ohio St.3d 176 (1997)

THE STATE EX REL. CONSOLIDATION COAL COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 16, 1997.

Attorney(s) appearing for the Case

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellant Consolidation Coal Company.

R.E. Goforth Co., L.P.A., and James P. Proctor, for appellee Wayne R. McDaniel.

Betty D. Montgomery, Attorney General, and Jeffrey B. Duber, Assistant Attorney General, for appellees Industrial Commission and Administrator, Bureau of Workers' Compensation.

LUNDBERG STRATTON, J.

Consolidation seeks a writ of mandamus, alleging that the commission abused its discretion in awarding permanent total disability by improperly relying upon Dr. Fierra's report and by misinterpreting the restrictions contained therein.

In order to successfully challenge an order of the Industrial Commission by mandamus, the relator must demonstrate an abuse of discretion. State ex rel. Burley v. Coil Packing, Inc. (1987),

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