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STATE EX REL. FISHER v. SPARTAN STORES ASSOC., LLC

No. 12AP-6.

2012 Ohio 5520

In re State ex rel. George W. Fisher, Decedent, Lois Fisher, widow-claimant, Relator, v. Spartan Stores Associates, LLC and The Industrial Commission of Ohio, Respondents.

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

November 29, 2012.

Attorney(s) appearing for the Case

Scott I. Levey , for relator.

Ogne, Alberts, & Stuart, P.C., John M. Conway , and Michael A. Ross , for respondent Spartan Stores Associates, LLC.

Michael DeWine , Attorney General, and Rema A. Ina , for respondent The Industrial Commission of Ohio.

DECISION

TYACK, J.

{¶ 1} The widow of George W. Fisher filed this action in mandamus, seeking a writ to compel the Industrial Commission of Ohio ("commission") to grant her death benefits as a result of the death of George W. Fisher. The commission found Lois Fisher, the widow, had not proved that she was wholly or partially dependent on George W. Fisher for her support at the time of his death.

{¶ 2} In accord...

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