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STATE EX REL. DURBIN v. INDUS. COMM. OF OHIO

No. 10AP-712.

2012 Ohio 664

State of Ohio ex rel. Joann Durbin, Relator, v. Industrial Commission of Ohio and Kokosing Construction Co., Inc., Respondents.

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

Rendered on February 16, 2012.

Attorney(s) appearing for the Case

Portman, Foley & Flint, LLP, and Frederic A. Portman, for relator.

Michael DeWine, Attorney General, and Sandra E. Pinkerton, for respondent Industrial Commission of Ohio.

Garvin & Hickey, LLC, and Michael J. Hickey, for respondent Kokosing Construction Co., Inc.

DECISION

SADLER, J.

{¶ 1} In this original action, relator, Joann Durbin, the surviving spouse of Steven Durbin ("decedent"), requests a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its orders denying her application for an additional award for alleged violations of specific safety requirements ("VSSR"), and to enter a VSSR award against respondent Kokosing Construction Co., Inc. ("Kokosing...

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