State Ex Rel. Estate of McKenney v. Industrial Commission

Sadler, Judge.

{¶ 1} Relator, the estate of Nancy L. McKenney, filed this original action seeking a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate its order denying payment to relator of the entire portion of deceased injured worker Patrick McKenney’s permanent partial disability (“PPD”) award that remained unpaid as of the date of the death of his wife Nancy McKenney.

{¶ 2} Pursuant to Civ.R. 53 and Loe.R. 12(M) of the Tenth District Court of Appeals, the matter was referred to a magistrate of this court. On April 29, 2004, the magistrate rendered a decision,…