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WEAN INCORPORATED v. INDUS. COMM.

No. 89-1006.

52 Ohio St. 3d 266 (1990)

WEAN INCORPORATED, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Thomas M. Taggart, Robin R. Obetz and Robert N. Webner, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Gerald H. Waterman, for appellants.

Hanlon, Duff & Paleudis Co., L.P.A., and Gerald P. Duff, urging affirmance for amicus curiae, Youghiogheny & Ohio Coal Co.

Stewart Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, urging reversal for amicus curiae, Ohio AFL-CIO.

Seeley, Savidge & Aussem, Ted R. Greiner and Thomas M. Carolin, urging reversal for amici curiae, Chrysler Motors Corp. et al.

DOUGLAS, J.

The issue we are asked to decide is whether R.C. 4123.411(C), effective August 22, 1986,1 retroactively requires self-insured employers to reimburse the bureau for DWRF payments to eligible employees in violation of Section 28, Article II of the Ohio Constitution.2 For the reasons that follow, we answer this inquiry in the negative and hold that R...

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