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STATE EX REL. WILLIAMS v. MOODY'S OF DAYTON INC.

No. 81-1354.

1 Ohio St. 3d 238 (1982)

[THE STATE, EX REL.] WILLIAMS, APPELLEE, v. MOODY'S OF DAYTON, INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided August 18, 1982.

Attorney(s) appearing for the Case

E. S. Gallon Co., L.P.A., Mr. Jeffrey V. Nackley and Mr. John A. Cervay, for appellee.

Mr. William J. Brown, attorney general, and Mr. Thomas E. Skilken, for appellant.

CLIFFORD F. BROWN, J.

The issue presented herein is whether the Industrial Commission abused its discretion in denying appellee an opportunity to depose Dr. Brown. For the following reasons we hold that it did.

R.C. 4123.09 provides as follows:

"In claims filed before the industrial commission by injured employees and the dependents of killed employees on account of injury or death sustained by such employees in the course of their employment, the...

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