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High Court Orders Vacatur of Mandamus as Moot Following Worker's Death

Tuesday, October 13, 2026 | 0

The Ohio Supreme Court ordered an appeals court to dismiss a worker’s challenge to the denial of permanent total disability benefits because the worker died while the case was pending. The high court rejected the argument that the 10th District Court of Appeals lost jurisdiction over the action when David McCartney died, but it agreed that his death rendered the action moot and that the specific facts of the case require the lower court to vacate its decision. McCartney was receiving permanent partial disability benefits for a March 2001 injury sustained while working for Simco Managem...

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