STATE, EX REL. DOVER CORP., v. INDUS. COMM.

No. 83AP-268.

13 Ohio App. 3d 430 (1984)

THE STATE, EX REL. DOVER CORP., OPW DIVISION, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Court of Appeals of Ohio, Franklin County.

Decided January 5, 1984.


Attorney(s) appearing for the Case

Messrs. Dinsmore & Shohl and Ms. Rebecca Hanner White, for relator.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Gerald H. Waterman and Mr. Lee M. Smith, for respondents.


NORRIS, J.

Relator seeks a writ of mandamus directing the Industrial Commission to vacate its order denying relator, a self-insured employer, reimbursement of workers' compensation benefits paid to claimant Raymond Martin. Relator maintains that R.C. 4123.343 places the commission under a clear legal duty to pay the reimbursement.

On August 4, 1980, Martin injured his back while employed by relator. His claim for workers' compensation was allowed and relator...

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