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STATE EX REL. OMNI MANOR, INC. v. MIHALEY

No. 08AP-776.

2009 Ohio 4209

State of Ohio ex rel. Omni Manor, Inc., Relator, v. Donna J. Mihaley and Industrial Commission of Ohio, Respondents.

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

Rendered on August 20, 2009.

Attorney(s) appearing for the Case

Stefanski & Associates LLC, and Janice T. O'Halloran, for relator.

Heller, Maas, Moro & Magill Co. LPA, C. Douglas Ames and Joseph A. Moro, for respondent Donna J. Mihaley.

Richard Cordray, Attorney General, and Kevin J. Reis, for respondent Industrial Commission of Ohio.

DECISION

KLATT, J.

{¶1} Relator, Omni Manor, Inc., commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its order awarding permanent total disability ("PTD") compensation to respondent, Donna J. Mihaley ("claimant"), and to enter an order denying said compensation.

{¶2} Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District...

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