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STATE EX REL. EVERT v. INDUS. COMM.

No. 11AP-465.

2012 Ohio 2404

State of Ohio ex rel. Charles W. Evert, dec'd Donna L. Evert, spouse, Relator, v. Industrial Commission of Ohio, Steve Buehrer, Administrator, Ohio Bureau of Workers' Compensation and Sypris Technologies Marion LLC, Respondents.

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

May 31, 2012.

Attorney(s) appearing for the Case

Donaldson Law Offices, L.P.A., Joshua A. Dunkle, and John D. Donaldson; Finnegan Legal, LLC, and Matthew L. Finnegan, for relator.

Michael DeWine, Attorney General, and Gerald H. Waterman, for respondent Industrial Commission of Ohio.

DECISION

TYACK, J.

{¶ 1} Charles W. Evert's widow, Donna L. Evert, filed this action in mandamus, seeking a writ to compel the Industrial Commission of Ohio ("commission") to make an award on behalf of her late husband for the functional loss of use of all four of his extremities.

{¶ 2} In accord with Loc.R. 12, the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the...

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