YOUGHIGHENY & OHIO COAL CO. v. MAYFIELD

Nos. 83-839 and 83-854.

11 Ohio St. 3d 70 (1984)

YOUGHIOGHENY & OHIO COAL CO., APPELLANT, v. MAYFIELD, ADMR., APPELLEE. JONES & LAUGHLIN STEEL, INC., APPELLEE, v. MAYFIELD, ADMR., APPELLANT.

Supreme Court of Ohio.

Decided June 6, 1984.


Attorney(s) appearing for the Case

Messrs. Kinder, Kinder & Hanlon and Mr. Gerald P. Duff, for appellant in case No. 83-839.

Crede Calhoun Co., L.P.A., and Mr. Crede Calhoun, for appellee Jones & Laughlin Steel, Inc., in case No. 83-854.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Gerald H. Waterman and Mr. Lee M. Smith, for appellee and appellant James L. Mayfield, Admr., in case Nos. 83-839 and -854, respectively.


HOLMES, J.

The specific issue presented is whether an employer's appeal from an adverse ruling by the Industrial Commission is subject to dismissal due to the death of the employee during the pendency of the appeal. We hold that such appeal is not precluded by the employee's death.

R.C. 4123.519 provides an employer or a claimant with the opportunity to appeal certain adverse rulings by the commission. The appeal is initiated by filing a notice of appeal pursuant...

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