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STATE EX REL. BALVIN v. YOUGHIOGHENY & OHIO COAL CO.

No. 93-1340.

70 Ohio St.3d 163 (1994)

THE STATE EX REL. BALVIN, APPELLEE AND CROSS-APPELLANT, v. YOUGHIOGHENY & OHIO COAL COMPANY, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald E. Slipski and Steven L. Paulson, for appellee and cross-appellant.

Hanlon, Duff & Paleudis Co., L.P.A., and Gerald P. Duff, for appellant and cross-appellee.

Per Curiam.

Y & O contests the appellate court's decision to return the cause for further consideration and amended order. Claimant contests the court's refusal to order the commission to expressly consider the rehabilitation report and issue an amended order. Only claimant's challenge is found persuasive.

This case falls squarely under State ex rel. Fultz v. Indus. Comm. (1994), 69 Ohio St.3d 327

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