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STATE, EX REL. HUGHES v. INDUS. COMM. OF OHIO

No. 81-1068.

1 Ohio St. 3d 57 (1982)

THE STATE, EX REL. HUGHES, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 21, 1982.

Attorney(s) appearing for the Case

Messrs. Thompson, Meier & Dersom and Mr. Harold C. Meier, for appellant.

Mr. William J. Brown, attorney general, and Mr. James E. Uprichard, Jr., for appellee Industrial Commission.

LOCHER, J.

The instant cause presents two questions: (1) Did the appellate court act improperly in issuing a writ of mandamus which compelled the commission to adopt either of two options and (2) did the commission abuse its discretion in denying appellant's motion for permanent and total disability? We answer both queries in the affirmative.

I

In order for a writ of mandamus to issue, the party seeking the writ must prove that the official against...

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