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STATE EX REL. v. AIRBORNE EXPRESS

No. 2005-0156.

108 Ohio St.3d 200 (2006)

2006-Ohio-660

THE STATE EX REL. DIXON, APPELLANT, v. AIRBORNE EXPRESS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 1, 2006.

Attorney(s) appearing for the Case

Weisser & Wolf and Lisa M. Clark, for appellant.

Buckingham, Doolittle & Burroughs, L.L.P., and Michael L. Williams, for appellee Airborne Express, Inc.

Jim Petro, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee Industrial Commission.

Per Curiam.

{¶ 1} This is an appeal from the denial of a writ of mandamus seeking to reinstate the payment of living-maintenance compensation. We affirm.

{¶ 2} Jeffrey L. Dixon hurt his lower back while employed as a delivery driver for self-insured Airborne Express, Inc. It eventually became clear that Dixon could never return to the heavy lifting that his position of employment had

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