State Ex Rel. Estate of Sziraki v. Admr., Bureau of Workers' Compensation

{¶ 1} The estate of Dean E. Sziraki appeals from the judgment of the Tenth District Court of Appeals denying its request for a writ of mandamus that would require the Industrial Commission, appellee, to vacate its order for 104 weeks of scheduled-loss benefits under R.C. 4123.57(B) and to award benefits for 850 weeks for the loss of use of Dean’s arms and legs.

{¶ 2} We agree with the court of appeals that the Industrial Commission did not abuse its discretion when it limited payment of the benefits to the two years preceding Dean’s death, or 104 weeks, the amount that Dean would have been…