STATE EX REL. LETO v. INDUS. COMM.

No. 07AP-1079.

180 Ohio App.3d 17 (2008)

2008-Ohio-7056

The STATE of Ohio ex rel. LETO v. INDUSTRIAL COMMISSION OF OHIO et al.

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

Decided December 11, 2008.


Attorney(s) appearing for the Case

Ward, Kaps, Bainbridge, Maurer & Melvin and Christopher J. Yeager, for relator.

Nancy H. Rogers, Attorney General, and Stephen D. Plymale, Assistant Attorney General, for respondent Industrial Commission of Ohio.

Lee M. Smith & Associates, Benjamin W. Crider, and Lee M. Smith, for respondent Ohio Department of Transportation.


KLATT, Judge.

{¶ 1} Relator, Sandra M. Leto, commenced this original action in mandamus seeking an order compelling respondent Industrial Commission of Ohio ("commission") to make an award on behalf of relator's deceased husband, Ronald J. Leto ("the decedent"), for the functional loss of use of all four of the decedent's extremities.

{¶ 2} Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District Court of Appeals, this...

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