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STATE EX REL. HARTNESS v. KROGER CO.

No. 95-1405.

81 Ohio St.3d 445 (1998)

THE STATE EX REL. HARTNESS, APPELLEE, v. THE KROGER COMPANY, APPELLANT; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 22, 1998.

Attorney(s) appearing for the Case

Finkelmeier & Finkelmeier and William I. Farrell, for appellee James Hartness.

Porter, Wright, Morris & Arthur, Karl J. Sutter and Charles J. Kurtz III, for appellant.

Per Curiam.

Where no evidence establishes that the claimant is capable of sustained remunerative employment, the commission's denial of PTD represents an abuse of discretion, and a writ of mandamus must issue to correct the abuse. State ex rel. Yancey v. Firestone Tire & Rubber Co. (1997), 77 Ohio St.3d 367, 673 N.E.2d 1374. Here, the parties...

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