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State ex rel Interstate Brands Corp. v. Conrad9/2/2004
tion of the industrial claim was fraudulently obtained and, consequently, moved to decertify the claim. In Kokosing, the commission decertified the claim and also officially recognized a settlement agreement in which the claimant's guardian stipulated that the claim should not have been allowed because it was fraudulent. Here, respondent concedes that the instant action "parallels much of Kokosing," but points out that an appeal of that case is pending in the Supreme Court of Ohio. (Respondent's brief at 2.)
.The magistrate finds that this court's previous decision in Kokosing compels the issuance of a writ of mandamus in this action.
.Accordingly, for all the above reasons, it is the magistrate's decision that this court issue a writ of mandamus ordering respondent Administrator Ohio Bureau of Workers' Compensation to grant relator's request for surplus fund reimbursement.
KENNETH W. MACKE MAGISTRATE
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