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STATE, EX REL. SORRELLS v. MOSIER TREE SERVICE

No. 81-696.

69 Ohio St. 2d 341 (1982)

THE STATE, EX REL. SORRELLS ET AL., APPELLANTS, v. MOSIER TREE SERVICE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 24, 1982.

Attorney(s) appearing for the Case

E. S. Gallon & Associates Co., L.P.A., and Mr. Jeffrey V. Nackley, for appellants.

Messrs. Porter, Wright, Morris & Arthur, Mr. Charles J. Kurtz, III and Ms. Roberta Y. Bavry, for appellee Mosier Tree Service.

Mr. William J. Brown, attorney general, and Mr. James E. Uprichard, Jr., for appellee Industrial Commission.

Per Curiam.

The sole issue presented for resolution herein is whether the Industrial Commission abused its discretion when it denied the application for an additional award. See State, ex rel. Ruggles, v. Stebbins (1975), 41 Ohio St.2d 228, and cases cited therein.

In interpreting Ohio Adm. Code 4121:1-19-02 (formerly IC-19-02), the Industrial Commission determined that it "does not apply to...

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