Benda v. Indus. Commission of Ohio, 07ap-1033 (2-12-2009)

DECISION

{¶ 1} Relator, Todd A. Benda ("relator"), commenced this original action requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order to the extent that it applies R.C. 4123.52 to deny an average weekly wage ("AWW") adjustment to compensation paid in excess of two years prior to the date that the commission determined an application for AWW adjustment was filed, and to enter an amended order that adjusts all compensation previously paid in the claim.

{¶ 2} Pursuant to Civ. R. 53 and Loc. R. 12(M) of the Tenth…