STATE EX REL. SHARP v. HYNES INDUSTRIES, INC.

No. 07AP-714.

2008 Ohio 4829

[State ex rel.] Eugene R. Sharp, Relator, v. Hynes Industries, Inc. and Industrial Commission of Ohio, Respondents.

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

September 23, 2008.


Attorney(s) appearing for the Case

Robert E. Tablack, for relator.

Henderson, Covington, Messenger, Newman & Thomas Co., L.P.A., and Christopher J. Newman, for respondent Hynes Industries, Inc.

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


DECISION

KLATT, J.

{¶1} Relator, Eugene R. Sharp, commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its order denying his September 22, 2005 motion, which requested the commission to order respondent Hynes Industries, Inc. to pay a prior commission award of temporary total disability ("TTD") compensation without deducting $15,737.70 in pension benefits...

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