STATE EX REL. QUNICEL v. INDUS. COMM.

No. 11AP-594.

2012 Ohio 4369

State of Ohio ex rel. Gerald R. Quincel, Relator, v. Industrial Commission of Ohio and [E.I. DuPont De Nemours and Company] Circleville Plant, Respondents.

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

September 25, 2012.


Attorney(s) appearing for the Case

Philip J. Fulton Law Office, and Chelsea J. Fulton , for relator.

Michael DeWine , Attorney General, and Stephen D. Plymale , for respondent Industrial Commission of Ohio.

Vorys, Sater, Seymour and Pease LLP, and Carl D. Smallwood , for respondent E.I. DuPont De Nemours and Company, Circleville Plant.


DECISION

BRYANT, J.

{¶ 1} Relator, Gerald R. Quincel, commenced this original action requesting a writ of mandamus that orders respondent Industrial Commission of Ohio to vacate its order denying his October 15, 2009 motion for an R.C. 4123.57(D) change of occupation award, and to enter an order awarding him the initial 30 weeks of compensation under the statute.

I. Facts and Procedural History

{¶ 2}...

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