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STATE EX REL. FRANK W. SCHAEFER, INC. v. INDUS. COMM.

No. 96-816.

84 Ohio St.3d 248 (1998)

THE STATE EX REL. FRANK W. SCHAEFER, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling Co., L.P.A., David C. Korte, C. Michelle Depew and Mary M. Biagioli, for appellant.

Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee Industrial Commission.

Samuels & Northrop Co., L.P.A., and Joseph M. Reidy, for appellee claimant.

Per Curiam.

The payment of compensation for asbestos-related death lies with the employer at which claimant experienced his/her "last injurious exposure." R.C. 4123.68(Y). FWS does not dispute that decedent was exposed to asbestos during his employment with FWS. It does, however, dispute that it was claimant's last injurious exposure. As such, FWS seeks to force the commission to reopen the death claim pursuant to the continuing jurisdiction provisions...

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