ROSE v. MAYFIELD

No. 48003.

20 Ohio App. 3d 300 (1984)

ROSE, APPELLEE, v. MAYFIELD, SUCCESSOR TO CONNOR, ADMR., ET AL., APPELLANTS.

Court of Appeals of Ohio, Cuyahoga County.

Decided November 13, 1984.


Attorney(s) appearing for the Case

Berger & Kirschenbaum Co., L.P.A., and Robert E. Gross, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Mitchell A. Stern, for appellant Administrator.

Bernard H. Niehaus, director of law, for appellant city of Westlake.

Willacy & LoPresti and Aubrey B. Willacy, urging reversal for amici curiae.


CORRIGAN, C.J.

This case is before us on the following facts. Plaintiff-appellee, James L. Rose, was working for defendant-employer city of Westlake, on March 3, 1978, when he fell off a city-owned backhoe and suffered injuries to his neck and shoulder. His claim was allowed by the Industrial Commission, and the Bureau of Workers' Compensation paid all of his medical bills including his medication.

On January 2, 1979, plaintiff filed a request for determination...

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