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STATE EX REL. BUCKEYE v. INDUSTRIAL COMM.

No. 81-746.

70 Ohio St. 2d 200 (1982)

THE STATE, EX REL. BUCKEYE INTERNATIONAL, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 16, 1982.

Attorney(s) appearing for the Case

Messrs. Bricker & Eckler, Mr. Michael J. Renner and Mr. Richard T. Taps, for appellee.

Mr. William J. Brown, attorney general, and Mr. Gerald H. Waterman, for appellant Industrial Commission.

Mr. John R. Workman, for appellant Shipman.

VICTOR, J.

Appellant Shipman argues that no action in mandamus can lie since Buckeye had an adequate remedy by way of appeal. We disagree. Buckeye challenges the order of November 7, 1979. That order being a determination as to the extent of disability only is not appealable. Mandamus is therefore the proper remedy. See State, ex rel. General Motors Corp., v. Indus. Comm. (1975), 42 Ohio St.2d 278, 280.

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