STATE EX REL. BATISTA v. INDUS. COMM.

No. 11AP-685.

2012 Ohio 5901

State of Ohio ex rel. Stanley Batista, Relator, v. Industrial Commission of Ohio and Red Robin International, Inc., Respondents.

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

December 13, 2012.


Attorney(s) appearing for the Case

Nager, Romaine & Schneiberg Co., L.P.A., Jerald A. Schneiberg , Christopher B. Ermisch , Jennifer L. Lawther and Michael A. Liner , for relator.

Michael DeWine , Attorney General, and Eric Tarbox , for respondent Industrial Commission of Ohio.

Hanna, Campbell & Powell, LLP, Timothy C. Campbell and J. Anthony Coleman , for respondent Red Robin International, Inc.


DECISION

CONNOR, J.

{¶ 1} Relator, Stanley Batista ("relator"), has filed this original action requesting that this court issue a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order denying his motion for scheduled loss compensation pursuant to R.C. 4123.57 for the alleged loss of use of his right thumb and to enter an order granting said compensation.

{¶ 2} The...

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