STATE EX REL. OHIO DEPT. OF TRANSP. v. INDUS. COMM.

No. 08AP-303.

2009 Ohio 700

The State of Ohio ex rel. Ohio Department of Transportation, Relator, v. Industrial Commission of Ohio and Edward J. Davis, Respondents.

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

Rendered on February 17, 2009.


Attorney(s) appearing for the Case

Rademaker, Matty, McClelland & Greve, Robert C. McClelland and Erin E. Hooper, for relator.

Richard Cordray, Attorney General, and Elise Porter, for respondent Industrial Commission of Ohio.

Philip J. Fulton Law Office, and David B. Barnhart; M. Blake Stone, LPA and M. Blake Stone, for respondent Edward J. Davis.


DECISION

TYACK, J.

{¶1} The Ohio Department of Transportation ("ODOT") filed this action in mandamus, seeking a writ to compel the Industrial Commission of Ohio ("commission") to vacate its order granting permanent total disability ("PTD") compensation to Edward J. Davis ("Davis").

{¶2} In accord with Loc.R. 12, the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the...

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