STATE EX REL. v. INDUS. COMM.

No. 2005-0513.

110 Ohio St.3d 54 (2006)

2006-Ohio-3562

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

Supreme Court of Ohio.

Decided July 26, 2006.


Attorney(s) appearing for the Case

Robert E. Gross and Scott Coghlan, for appellant.

Jim Petro, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee Industrial Commission.

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

Philip J. Fulton Law Office, Philip J. Fulton, and William A. Thorman III, urging reversal on behalf of amicus curiae, Ohio Academy of Trial Lawyers.


Per Curiam.

{¶ 1} Patrick McKenney died while receiving weekly payments of scheduled loss compensation under R.C. 4123.57(B). His widow died after applying for a lump-sum payment of the remaining compensation. Her estate now seeks that payment. Upon review, we affirm the judgment of the court of appeals denying payment to the estate.

{¶ 2} Patrick McKenney's workers' compensation claim was allowed for quadriplegia...

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