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MEASLES v. INDUS. COMM.

No. 12AP-52.

2012 Ohio 3706

Powell Measles et al., Plaintiffs-Appellants, v. Industrial Commission of Ohio et al., Defendants-Appellees.

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

August 16, 2012.

Attorney(s) appearing for the Case

Dworken & Bernstein Co., L.P.A., Patrick T. Perotti and Jonathan T. Stender , for appellants.

Michael DeWine , Attorney General, Mark E. Mastrangelo , Jeffrey B. Duber , Randall W. Knutti and Christopher P. Conomy ; Cavitch, Familo & Durkin Co., L.P.A., Ronald D. Holman, II , Alexander E. Goetsch and Max E. Dehn , for appellees.

DECISION

TYACK, J.

{¶ 1} Powell Measles and Ann M. Pocaro are appealing from the summary judgment granted against them by the Court of Claims of Ohio. They assign a single error for our consideration:

THE COURT OF CLAIMS ERRED IN GRANTING DEFEN-DANTS' MOTION FOR SUMMARY JUDGMENT AND DIS-MISSING THIS SUIT. AN ACTIONABLE CLAIM LIES WHEN THE BUREAU OF WORKERS' COMPENSATION AND INDUSTRIAL COMMISSION CHARGE A CLAIMANT'S PERMANENT TOTAL...

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