STATE v. AMERICAN DYNAMIC AGENCY, INC.

No. 81-1049.

70 Ohio St. 2d 41 (1982)

THE STATE OF OHIO, INDUSTRIAL COMMISSION, APPELLANT, v. AMERICAN DYNAMIC AGENCY, INC., APPELLEE; TESTA, APPELLANT.

Supreme Court of Ohio.

Decided May 5, 1982.


Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. Bradley J. Finn, for appellant Industrial Commission.

Mr. Fred J. Milligan, Jr., for appellee.

Messrs. Perry & Boyuk, Mr. James M. Cutter and Mr. William K. Root, for appellant Testa.


LOCHER, J.

The case at bar presents a single legal question: May a noncomplying employer, as defined in R. C. 4123.75, who has failed to appeal an order of the Industrial Commission, relitigate in an action brought by the Attorney General under the statute any and all issues which might have been raised on appeal? Appellant Industrial Commission contends that a noncomplying employer may only, as a defense to the action, assert the fact that the had paid the requisite...

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