STATE EX REL. McNEA v. INDUS. COMM.

No. 09AP-605.

2010 Ohio 4186

State ex rel. Donald McNea, Jr., Relator, v. Industrial Commission of Ohio and City of Parma, Ohio, Respondents.

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

Rendered on September 7, 2010.


Attorney(s) appearing for the Case

Paul M. Friedman and Michael P. O'Malley, for relator.

Richard Cordray, Attorney General, and Derrick L. Knapp, for respondent Industrial Commission of Ohio.

Bashein & Bashein Co., L.P.A., W. Craig Bashein; Paul W. Flowers Co., L.P.A., and Paul W. Flowers, for respondent City of Parma, Ohio.


DECISION

KLATT, J.

{¶1} Relator, Donald McNea, Jr., commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its March 17, 2009 order that exercised continuing jurisdiction over the September 30, 2008 order of its staff hearing officer ("SHO") and declared an overpayment of permanent total disability ("PTD") compensation as of October 1, 2005. Relator also...

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