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STATE EX REL. v. INDUS. COMM.

No. 2003-1682.

105 Ohio St.3d 1 (2004)

2004-Ohio-6893

THE STATE EX REL. REGAL WARE, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE; MIDDLESWORTH, APPELLANT.

Supreme Court of Ohio.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak; Larrimer & Larrimer and Terrence Larrimer, for appellant.

Coolidge, Wall, Womsley & Lombard, L.P.A., David C. Korte and Michelle D. Bach, for appellee Regal Ware, Inc.

PER CURIAM.

{¶ 1} The workers' compensation claim of appellant-claimant, Frances E. Middlesworth, was allowed for "interstitial pulmonary fibrosis with bilateral apical lung disease." On the advice of her doctor, claimant left her job in order to avoid further injurious exposure to fumes and dust. For the time period relevant to this action, claimant did not seek other employment.

{¶ 2} Earlier litigation between these parties...

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