STATE EX REL. HOWARD v. INDUS. COMM.

No. 08AP-129.

2008 Ohio 5616

State ex rel. Kimberly Howard, Relator, v. The Industrial Commission of Ohio and Tandem Health Care of Massillon, Respondents.

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

Rendered on October 30, 2008.


Attorney(s) appearing for the Case

Brian Law Offices, and Richard F. Brian, for relator.

Nancy H. Rogers, Attorney General, and Gerald H. Waterman, for respondent Industrial Commission of Ohio.

Habash, Reasoner & Frazier LLP, and Dennis H. Behm, for respondent Tandem Health Care of Massillon.


DECISION

BROWN, J.

{¶1} Relator, Kimberly Howard, has filed this original action requesting that this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order setting relator's average weekly wage ("AWW") at $103.17 per week and to enter an order setting her AWW in accordance with the "special circumstances" provision of R.C. 4123.61.

{¶2} This matter was...

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