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STATE EX REL. WALTER v. INDUS. COMM.

No. 09AP-225.

2009 Ohio 5974

State of Ohio ex rel. Allen Walter, Relator, v. Industrial Commission of Ohio and Kevin Leach Custom Carpentry, Respondents.

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

Rendered on November 12, 2009.

Attorney(s) appearing for the Case

Harris & Burgin, L.P.A., and Jeffrey W. Harris, for relator.

Richard Cordray, Attorney General, and John R. Smart, for respondent Industrial Commission of Ohio.

DECISION

BROWN, J.

{¶1} Relator, Allen Walter, has filed this original action requesting that this court issue a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order that denied relator's permanent total disability ("PTD") application, and ordering the commission to either grant him PTD compensation pursuant to State ex rel. Gay v. Mihm, 68 Ohio St.3d 315

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