STATE EX REL. CINCINNATI v. INDUS. COMM.

No. 86-1393.

35 Ohio St. 3d 234 (1988)

THE STATE, EX REL. CITY OF CINCINNATI, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Richard A. Castellini, city solicitor, and Philip S. Olinger, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Tyrone K. Yates, for appellees Industrial Commission et al.

Penny McCabe, for appellee Donaldson.


Per Curiam.

Appellant argues that an employer's "injury-with-pay" benefits to an employee during periods of disability are wages rather than loans or advances, for which the employer is entitled, through subrogation rights, to collect from third-party tortfeasors and from which the employee is required to offset temporary total disability payments made under R.C. 4123.56. In the alternative, appellant asserts that regardless of the characterization of payments...

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