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STATE EX REL. CON-WAY FREIGHT, INC. v. INDUS. COMM.

No. 10AP-706.

2011 Ohio 4515

State of Ohio ex rel. Con-Way Freight, Inc., Relator, v. Industrial Commission of Ohio and Michael Schmitt, Respondents.

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

Rendered on September 8, 2011.

Attorney(s) appearing for the Case

Scheuer Mackin & Breslin LLC, J. Kent Breslin , and Robert S. Corker , for relator.

Michael DeWine , Attorney General, and Rachel L. Lawless , for respondent Industrial Commission of Ohio.

Scott Kalish & Associates, and Mark M. Sturik , for respondent Michael Schmitt.

DECISION

BROWN, J.

{¶1} Relator, Con-Way Freight, Inc., has filed an original action requesting that this court issue a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order granting permanent total disability ("PTD") compensation to respondent, Michael Schmitt ("claimant"), and ordering the commission to find that claimant was not entitled to PTD compensation because he refused to accept...

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