STATE EX REL., BAILEY, v. INDUS. COMM.

No. 90.1015.

62 Ohio St.3d 191 (1991)

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

Supreme Court of Ohio.

Decided December 11, 1991.


Attorney(s) appearing for the Case

Joseph J. Bush III and Louis Schiavoni, for appellant.

Lee I. Fisher, Attorney General, and Jeffery W. Clark, for appellee Industrial Commission.


Per Curiam.

We are asked to determine whether a farm using powerdriven machinery qualifies as a workshop, factory or construction industry under Ohio Adm.Code Chapters 4121:1-3 and 4121:1-5. We find sua sponte, however, that appellant's failure to exhaust his available administrative remedies precludes us from reaching this question.

Under Ohio Adm.Code 4121-3-20(G), a party may seek rehearing of a VSSR decision within thirty days of the order...

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