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STATE, EX REL. ASHCRAFT, v. INDUSTRIAL COMMISSION OF OHIO

No. 84-787.

15 Ohio St. 3d 126 (1984)

THE STATE, EX REL. ASHCRAFT, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 31, 1984.

Attorney(s) appearing for the Case

Jeffries & Monteleone Co., L.P.A., and Mr. J. Michael Monteleone, for appellee.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Gerald H. Waterman, for appellant Industrial Commission.

Messrs. Vorys, Sater, Seymour & Pease and Mr. Robert A. Minor, for appellant Marion Power Shovel Division, Dresser Industries, Inc.

Per Curiam.

The issue presented by this appeal is whether the commission is authorized by virtue of its Resolution No. R80-7-57 to suspend consideration of appellee's motion for temporary total disability benefits while he is incarcerated.

The court of appeals found that the resolution applied only to claimants who were incarcerated in the state of Ohio and thus could not operate to preclude consideration...

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