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STATE EX REL. A.J. ROSE MFG. CO. v. SCHWARZ

No. 11AP-379.

2012 Ohio 4367

State of Ohio ex rel. A.J. Rose Manufacturing Company, Relator, v. Joseph Schwarz and Industrial Commission of Ohio, Respondents.

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

September 25, 2012.

Attorney(s) appearing for the Case

Taft Stettinius & Hollister LLP, and Timothy L. Zix, for relator.

Sammon & Bolmeyer Co., L.P.A., and Albert C. Sammon, for respondent Joseph Schwarz.

Michael DeWine, Attorney General, and Elise Porter, for respondent Industrial Commission of Ohio.

DECISION

KLATT, J.

{¶ 1} Relator, A.J. Rose Manufacturing Company, commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its order that required relator to pay respondent, Joseph Schwarz, the remaining balance of prior R.C. 4123.57(B) awards for loss of use of both arms and legs in one lump-sum payment pursuant to Ohio Adm.Code 4123-3-15(C)(3)(b), which...

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