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STATE EX REL. OHIO BELL TELEPHONE CO. v. KRISE

No. 74-532.

42 Ohio St. 2d 247 (1975)

THE STATE, EX REL. OHIO BELL TELEPHONE CO., APPELLANT, v. KRISE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 7, 1975.

Attorney(s) appearing for the Case

Messrs. Jones, Day, Reavis & Pogue, Mr. Barry L. Springel and Ms. Kathleen B. Burke, for appellant.

Mr. William J. Brown, attorney general, Mr. Michael J. Hickey and Mr. Jack H. Cook, for appellees members of the Industrial Commission.

Mr. Chester T. Freeman, for appellee Forrest L. Ellars.

WILLIAM B. BROWN, J.

The question presented is whether the Industrial Commission abused its discretion by deciding that histoplasmosis1 as contracted by Forrest L. Ellars is a compensable occupational disease under the Workmen's Compensation Act.

R. C. 4123.68, in pertinent part, reads:

"Every employee who is disabled because of the contraction of an occupational disease...

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