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STATE EX REL. HARSCH v. INDUS. COMM.

No. 95-2131.

83 Ohio St.3d 280 (1998)

THE STATE EX REL. HARSCH, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 30, 1998.

Attorney(s) appearing for the Case

Raymond J. Tisone and E. Gary Seigerst, for appellant.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellee Industrial Commission.

Manchester, Bennett, Powers & Ullman, C. Scott Lanz and Joseph R. Young, Jr., for appellee LTV Steel Co.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, AFL-CIO.

Per Curiam.

Appellant, Lorenzo Harsch, seeks a writ of mandamus compelling appellee Industrial Commission of Ohio ("commission") to vacate its order denying his application for R.C. 4123.56(B) wage loss compensation and to grant this relief. The commission denied this compensation after determining that Harsch had not pursued employment within his medical capabilities in good faith and, thus, did...

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