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STATE EX REL. CONSOLIDATION COAL CO. v. INDUSTRIAL COMMISSION OF OHIO

No. 79-1377.

62 Ohio St. 2d 147 (1980)

THE STATE, EX REL. CONSOLIDATION COAL CO., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 7, 1980.

Attorney(s) appearing for the Case

Messrs. Kinder, Kinder & Hanlon and Mr. Gerald P. Duff, for appellant.

Mr. William J. Brown, attorney general, and Ms. Nancy J. Miller, for appellee Industrial Commission.

Mr. Robert Lancione, for appellee claimant.

Per Curiam.

The parties are in agreement that this action is properly brought in mandamus since it deals with the "extent of disability," and, therefore, is not appealable. See R. C. 4123.519; Zavatsky v. Stringer (1978), 56 Ohio St.2d 386; Miraglia v. B. F. Goodrich (1980), 61 Ohio 2d 128.

The issue presented for our determination is whether R. C. 4123.57(B) precludes an award...

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