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STATE EX REL. SMITH v. YELLOW FREIGHT SYS.

No. 05AP-729.

170 Ohio App.3d 178 (2006)

2006-Ohio-5086

STATE of Ohio ex rel. SMITH v. YELLOW FREIGHT SYSTEM, INC., et al.

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

Decided September 29, 2006.

Attorney(s) appearing for the Case

Philip L. Harmon, for relator.

Thomas & Company, L.P.A., William R. Thomas, and Jennifer L. Myers, for respondent Yellow Freight System, Inc.

Jim Petro, Attorney General, and Gerald H. Waterman, for respondent Industrial Commission of Ohio.

McGRATH, Judge.

{¶ 1} In this original action, relator, Willie W. Smith Sr., requests a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate its order that denied relator's request for temporary total disability ("TTD") compensation on the basis that relator had been discharged from his employment and order the commission to find that he is entitled to that compensation.

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