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STATE EX REL. PENSKE TRUCK LEASING CO., L.P., v. INDUSTRIAL COMMISSION OF OHIO

No. 10AP-774.

2011 Ohio 5764

State of Ohio ex rel. Penske Truck Leasing Co., LP, Relator, v. Industrial Commission of Ohio and Michael Carfora, Respondents.

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

Rendered on November 8, 2011.

Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn, Robert M. Robenalt , and Jennifer McDaniel , for relator.

Michael DeWine , Attorney General, and Sandra E. Pinkerton , for respondent Industrial Commission of Ohio.

Philip J. Fulton Law Office, Philip J. Fulton , and Ross R. Fulton , for respondent Michael Carfora.

DECISION

FRENCH, J.

{¶1} Relator, Penske Truck Leasing Co., LP ("relator"), filed this original action, which asks this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order that granted the C-9 request filed by respondent Michael Carfora ("claimant") and authorized claimant to have an MRI, bilateral shoulder x-rays, and four office visits per year to monitor the medications...

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