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STATE EX REL. ROGER BACON HIGH SCHOOL v. INDUS. COMM. OF OHIO

No. 10AP-277

2011 Ohio 1383

State ex rel. Roger Bacon High School, Relator, v. Industrial Commission of Ohio and Patrick J. Mullaney, Deceased[,] Maria C. Carlevale-Mullaney, Spouse, Respondents.

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

Rendered on March 24, 2011

Attorney(s) appearing for the Case

Taft Stettinius & Hollister LLP, Samuel M. Duran , and Andrew R. Thaler , for relator.

Michael DeWine , Attorney General, and Charissa D. Payer , for respondent Industrial Commission of Ohio.

DECISION

FRENCH, J.

{¶ 1} Relator, Roger Bacon High School ("Roger Bacon"), filed an original action in mandamus requesting this court to issue a writ of mandamus ordering respondent, Industrial Commission of Ohio, to vacate its order awarding death benefits to Maria C. Carlevale-Mullaney, spouse of respondent Patrick J. Mullaney ("Mullaney"), now deceased, because the evidence demonstrates that Mullaney was exposed to asbestos after his...

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