State ex rel. Yancey v. Firestone Tire & Rubber Co.

We recently resolved the question presented in Leola’s second proposition of law: Is mandamus available to compel payments, pursuant to R.C. 4123.60, to a decedent’s spouse for PTD the decedent might have received prior to his death? In State ex rel. Nicholson v. Copperweld Steel Co. (1996), 77 Ohio St.3d 193, 672 N.E.2d 657, we held that R.C. 4123.60 gives dependents the right to claim compensation for which the decedent was eligible, but was not paid before death, and that mandamus may be used to enforce this right. The court of appeals’ judgment to the contrary, therefore, is reversed.

In…