State ex rel. Todd A. Benda, Relator,
v.
Industrial Commission of Ohio and Lytton Sanitation Service, Inc., Respondents.
Court of Appeals of Ohio, Tenth District, Franklin County.https://leagle.com/images/logo.png
Rendered on February 12, 2009.
Rendered on February 12, 2009.
Attorney(s) appearing for the Case
Tomlan Law Offices, and Lindsay M. Tomlan, for relator.
Richard Cordray, Attorney General, and Elise Porter, for respondent Industrial Commission of Ohio.
Hanlon, Duff, Estadt, McCormick & Schramm Co., LPA, and Gerald P. Duff, for respondent Lytton Sanitation Service, Inc.
Court of Appeals of Ohio, Tenth District, Franklin County.
DECISION
SADLER, J.
{¶1} Relator, Todd A. Benda ("relator"), commenced this original action requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order to the extent that it applies R.C. 4123.52 to deny an average weekly wage ("AWW") adjustment to compensation paid in excess of two years prior to the date that the commission determined an application for AWW adjustment...
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