STATE EX REL. CONSOLIDATION COAL CO. v. INDUS. COMM.

No. 84-1201.

18 Ohio St. 3d 281 (1985)

THE STATE, EX REL. CONSOLIDATION COAL COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 24, 1985.


Attorney(s) appearing for the Case

Hanlon, Duff & Paleudis and John G. Paleudis, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Douglas M. Kennedy, for appellee Industrial Commission.

Larrimer & Larrimer and Craig Aalyson, for appellee Paul Bobak.


Per Curiam.

The initial question presented for review centers upon the commission's jurisdiction under R.C. 4123.52, and whether appellant possessed a right of appeal pursuant to R.C. 4123.519 from the commission's decision to retain jurisdiction over the claim; the existence of which would necessarily preclude the issuance of a writ of mandamus.

R.C. 4123.52 provides, in part:

"The jurisdiction of the industrial commission over each case shall...

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