STATE EX REL. DIETRICH INDUSTRIES, INC. v. INDUS. COMM.

No. 86-1970.

35 Ohio St. 3d 183 (1988)

THE STATE, EX REL. DIETRICH INDUSTRIES, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 24, 1988.


Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn, Felix C. Wade, Reed, Smith, Shaw & McClay and Walter G. Bleil, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Helen M. Ninos and Jeffery W. Clark, for appellee Industrial Commission.

Gallon, Kalniz & Iorio, Co., L.P.A., and William R. Menacher, for appellee Daniel Bernal.


Per Curiam.

The first issue before this court concerns the scope of the appellate court's December 22, 1983 opinion granting appellee a writ of mandamus. Appellant submits that the appellate court's writ of mandamus directed the Industrial Commission to first consider whether a violation of Ohio Adm. Code 4121:1-5-11(D)(13)(a) had occurred and, if a violation did exist, to find whether such violation was the proximate cause of appellee's injury.

A careful...

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