STATE EX REL. MATHENEY v. CENT. OHIO COAL CO.

No. 98-1370.

88 Ohio St.3d 50 (2000)

THE STATE EX REL. MATHENEY, APPELLANT, v. CENTRAL OHIO COAL COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 23, 2000.


Attorney(s) appearing for the Case

Larrimer & Larrimer and David H. Swanson, for appellant.

Porter, Wright, Morris & Arthur and Christopher C. Russell, for appellee Central Ohio Coal Company.

Betty D. Montgomery, Attorney General, and Miltina A Gavia, Assistant Attorney General, for appellee Industrial Commission of Ohio.


Per Curiam.

In this appeal as of right, Paul A. Matheney, appellant, seeks a writ of mandamus ordering appellee Industrial Commission of Ohio to vacate its order denying his election for impaired earning capacity compensation ("IEC") under former R.C. 4123.57(A) and to grant him this compensation. The court of appeals denied the writ, finding that Matheney's lack of any desire to find work disqualified...

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