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STATE EX REL. CASSENS TRANSPORT CO. v. INDUS. COMM.

No. 11AP-680.

2012 Ohio 4829

State of Ohio ex rel. Cassens Transport Co., Relator, v. Industrial Commission of Ohio and Thomas Totterdale, Respondents.

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

October 18, 2012.

Attorney(s) appearing for the Case

Schottenstein Zox & Dunn Co., LPA, Corey V. Crognale , and Meghan M. Majernik , for relator.

Michael DeWine , Attorney General, and LaTawnda N. Moore , for respondent Industrial Commission of Ohio.

Wellman, Jeren, Hackett & Skoufatos Co., L.P.A., John A. Jeren, Jr. , and Timothy R. Hackett , for respondent Thomas Totterdale.

DECISION

SADLER, J.

{¶ 1} Relator, Cassens Transport Co., seeks a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order authorizing the surgical procedure requested by respondent, Thomas Totterdale ("claimant"), and ordering the commission to find that the requested surgery is not directed at the allowed conditions in the claim.

{¶ 2} Pursuant to Civ.R. 53 and Loc...

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