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STATE EX REL. ESTATE OF SZIRAKI v. ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION AND INDUSTRIAL COMMISSION OF OHIO

No. 10AP-267.

2011 Ohio 1486

State of Ohio ex rel. Estate of Dean E. Sziraki, Relator, v. Administrator, Bureau of Workers' Compensation and Industrial Commission of Ohio, Respondents.

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

Rendered on March 29, 2011.

Attorney(s) appearing for the Case

Law Offices of Kurt M. Young LLC, and Kurt M. Young , for relator.

Michael DeWine , Attorney General, and Elise Porter , for respondents Ohio Bureau of Workers' Compensation Marsha Ryan, Administrator and Industrial Commission of Ohio.

DECISION

KLATT, J.

{¶ 1}Relator, the Estate of Dean E. Sziraki ("Dean"), commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its order that awarded scheduled loss of use benefits for the two years prior to Dean's death (104 weeks), rather than the full 850 weeks possible for Dean's loss of use of all four of his limbs. Relator also asserted that respondent...

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