STATE, EX REL. THE FULTON FOUNDRY & MACHINE CO. INC. v. INDUS. COMM.

No. 35522.

168 Ohio St. 410 (1959)

THE STATE, EX REL. THE FULTON FOUNDRY & MACHINE CO., INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 21, 1959.


Attorney(s) appearing for the Case

Messrs. Simmons, Metzner, McNelly, Torbet & Vilas and Mr. Harold C. Meier, for appellant.

Mr. William Saxbe, attorney general, Mr. John R. Barrett and Mr. Brown W. Pettit, for appellee.


WEYGANDT, C. J.

First it should be noted that counsel are in agreement as to the availability of mandamus as a remedy to require the reconsideration and redetermination of the former employee's claim in the event that there has been a failure to comply with the law.

One of the relator employer's assignments of error is a claim of noncompliance with the requirements of Section 4123.68 (W), Revised Code, which reads in part as follows:

"The commission...

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