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STATE EX REL. G & J PEPSI COLA PORTSMOUTH BOTTLING CO. v. INDUS. COMM.

No. 07AP-642.

2008 Ohio 3564

State ex rel. G & J Pepsi G & J Pepsi Cola Portsmouth Bottling Co., Relator, v. Industrial Commission of Ohio and Steven Hellyer, Respondents.

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

Rendered on July 17, 2008.

Attorney(s) appearing for the Case

Porter Wright Morris & Arthur LLP, and Christopher C. Russell, for relator.

Nancy H. Rogers, Attorney General, and Andrew J. Alatis, for respondent Industrial Commission of Ohio.

Ward, Kaps, Bainbridge, Maurer & Melvin, and Christopher J. Yeager, for respondent Steven Hellyer.

DECISION

PETREE, J.

{¶1} Relator, G & J Pepsi Cola Portsmouth Bottling Company, seeks a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate an order awarding temporary total disability ("TTD") compensation to respondent Steven Hellyer ("claimant"). Relator also seeks an order denying TTD compensation on grounds that claimant voluntarily abandoned his employment.

{¶2}...

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