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STATE EX REL. CONSOLIDATION COAL CO. v. TIPPINS

No. 12AP-337.

2013 Ohio 179

State ex rel. Consolidation Coal Company (Quarto Mining Company), Relator, v. Rodney Tippins and Industrial Commission of Ohio, Respondents.

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

Rendered on January 24, 2013.

Attorney(s) appearing for the Case

Fregiato, Myser & Davies, and Gerald P. Duff , for relator.

Heller, Maas, Moro & Magill Co., L.P.A., and Robert J. Foley , for respondent Rodney Tippins.

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

DECISION

TYACK, J.

{¶ 1} Consolidation Coal Company (Quarto Mining Company) ("Consolidation Coal Co.") has filed this action in mandamus seeking a writ to compel the Industrial Commission of Ohio ("commission") to vacate its order granting permanent total disability ("PTD") compensation for Rodney Tippins.

{¶ 2} In accord with Loc.R. 13(M), the case was referred to a magistrate to conduct appropriate proceedings...

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