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STATE EX REL. ESTATE OF McKENNEY v. INDUS. COMM.OF OHIO

No. 03AP-1196.

159 Ohio App.3d 720 (2005)

2005-Ohio-981

The STATE ex rel. ESTATE OF McKENNEY v. INDUSTRIAL COMMISSION OF OHIO et al.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided March 8, 2005.

Attorney(s) appearing for the Case

Robert E. Gross Co., L.P.A., Robert E. Gross, and Scott Coglan, for relator.

Jim Petro, Attorney General, and William J. McDonald, for respondent Industrial Commission of Ohio.

Duvin, Cahn & Hutton and Christine C. Covey, Cleveland, for respondent Wal-Mart Stores, Inc.

SADLER, Judge.

{¶ 1} Relator, the estate of Nancy L. McKenney, filed this original action seeking a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate its order denying payment to relator of the entire portion of deceased injured worker Patrick McKenney's permanent partial disability ("PPD") award that remained unpaid as of the date of the death of his wife Nancy McKenney.

{¶ 2} Pursuant to Civ.R. 53 and Loc.R. 12(M) of...

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