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STATE EX REL. McELROY v. INDUS. COMM.

No. 11AP-391.

2012 Ohio 2267

State of Ohio ex rel. Kenneth A. McElroy, Relator, v. Industrial Commission of Ohio and M P E Sales, Inc., Respondents.

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

May 22, 2012.

Attorney(s) appearing for the Case

Cooper & Thomas, David P. Thomas , and Gerald F. Cooper , for relator.

Michael DeWine , Attorney General, and Kevin J. Reis , for respondent Industrial Commission of Ohio.

DECISION

FRENCH, J.

{¶ 1} Relator, Kenneth A. McElroy ("relator"), filed an original action, which asks this court to issue a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order that terminated temporary total disability ("TTD") compensation, declared an overpayment of TTD compensation, and made a finding of fraud.

{¶ 2} This matter was referred to a magistrate...

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