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STATE EX REL. FOSTER v. INDUS. COMM.

No. 98-1907.

85 Ohio St.3d 320 (1999)

THE STATE EX REL. FOSTER v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for relator.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for respondent Industrial Commission.

Baran, Piper, Tarkowsky, Fitzgerald & Theis Co., L.P.A., and John Tarkowsky, for respondent White Consolidated Industries.

Per Curiam.

The commission asserts that the September 2, 1998 order did not grant reconsideration. It essentially claims that the order merely "decided to decide" whether to reopen claimant's eligibility for PTD compensation. This is not the case, however, as the order clearly sets claimant's application for PTD compensation for reconsideration. The question thus becomes whether, in so doing, the commission properly exercised continuing jurisdiction...

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