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VIOX BUILDERS, INC. v. SMITH

No. 91AP-381.

77 Ohio App.3d 151 (1991)

VIOX BUILDERS, INC., Appellant, v. SMITH et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided September 12, 1991.

Attorney(s) appearing for the Case

Finan, Lippert & Dunlap and G. Mitchel Lippert; Vorys, Sater, Seymour & Pease and Russell P. Herrold, Jr., for appellant.

Lee Fisher, Attorney General, and Gerald H. Waterman, for appellee Warren J. Smith, Chairman, Industrial Commission of Ohio.

PEGGY BRYANT, Judge.

Plaintiff-appellant, Viox Builders, Inc. ("Viox"), appeals from a judgment of the Franklin County Court of Common Pleas Court upholding the Industrial Commission's denial of additional manual classifications relative to plaintiff's workers' compensation premium calculations.

Plaintiff is a corporation involved in general construction. However, as its president explained, Viox is composed of divisions which compete with outsiders for work...

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