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BOSTON v. DAUGHERTY

No. C-830144.

12 Ohio App. 3d 8 (1984)

BOSTON, APPELLEE, v. DAUGHERTY, ADMR., ET AL., APPELLEES; INDIANA FARM BUREAU COOPERATIVE ASSN., D.B.A. QUEEN CITY RIVER ELEVATOR, APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Butkovich, Schimpf & Luken Co., L.P.A., and Mr. Ralph P. Ginocchio, for appellee Boston.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. William C. Cunningham, for appellees Daugherty and Industrial Commission.

Messrs. Frost & Jacobs and Mr. Gary L. Herfel, for appellant Indiana Farm Bureau Coop. Assn.

BLACK, J.

In this appeal by an employer from an award of death benefits from the Workers' Compensation Fund, we conclude that the court of common pleas committed no error in ruling against the employer, even though we disagree with the court's reasoning. We believe that the court erred in holding that under R.C. 4123.519 (appeal to court of common pleas; costs; fees)1 and R.C. 4123.522 (failure to receive notification), the court lacked...

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