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STATE EX REL. BUNCH v. INDUSTRIAL COMMISSION

Nos. 79-1522 and 79-1523.

62 Ohio St. 2d 423 (1980)

THE STATE, EX REL. BUNCH, v. INDUSTRIAL COMMISSION OF OHIO ET AL. THE STATE, EX REL. BUZARD ET AL., v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Messrs. Clayman & Jaffy, Mr. Stewart R. Jaffy and Mr. John F. Livorno, for relators.

Mr. William J. Brown, attorney general, and Mr. Michael J. Hickey, for respondents Administrator and Industrial Commission.

Coolidge, Wall, Matusoff, Womsley & Lombard Co., L.P.A., and Mr. Joseph A. O'Friel, for respondent Chrysler Corp.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Russell P. Herrold, Jr., Mr. Thomas M. Taggart and Mr. Robert E. Tait, for respondent General Motors Corp.

PAUL W. BROWN, J.

At issue in the instant cause is a statutory provision formerly contained within R. C. 4123.56. This provision, part of an amendment to that statute on December 11, 1967 (132 Ohio Laws 1406), read as follows:

"If any compensation for total disability has been paid for the same period or periods for which non-occupational disability insurance or benefits is or has been paid pursuant to an insurance...

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