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STATE EX REL. HOOVER CO. v. MIHM

No. 94-1788.

76 Ohio St.3d 619 (1996)

THE STATE EX REL. HOOVER COMPANY, APPELLANT AND CROSS-APPELLEE, v. MIHM, ADMR., BUREAU OF WORKERS' COMPENSATION, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided October 9, 1996.

Attorney(s) appearing for the Case

Black, McCuskey, Souers & Arbaugh, Gust Callas and Charles E. Ringer, for appellant and cross-appellee.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee and cross-appellant.

Per Curiam.

Two issues are presented for our review. First, is the promulgation of Ohio Adm.Code 4123-17-32(D) invalid due to BWC's failure to comply with R.C. Chapter 119? Second, does BWC owe a duty, by virtue of the asserted improper promulgation of Ohio Adm.Code 4123-17-32(D), either to grant retroactive effect to Hoover's notice of withdrawal or to calculate Hoover's assessment for the first half of 1990 under the pre-1990 standard? For the reasons that...

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