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STATE EX REL. ROSS v. INDUS. COMM.

No. 96-2388.

82 Ohio St.3d 411 (1998)

THE STATE EX REL. ROSS, APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT; M.J. CONSTRUCTION COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided July 29, 1998.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy; Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant and cross-appellee.

Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee and cross-appellant Industrial Commission.

Lustig, Icove & Lustig Co., L.P.A., and Matthew Harris Lucas, for appellee M.J. Construction Co.

Per Curiam.

One issue is presented: Does claimant have an adequate remedy at law via an R.C. 4123.512 appeal? For the reasons to follow, we find that she does.

R.C. 4123.512 provides:

"(A) The claimant or the employer may appeal an order of the industrial commission * * * in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common pleas of the county in which the injury...

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