STATE EX REL. HAYLETT v. OHIO BUR. OF WORKERS' COMP.

No. 98-675.

87 Ohio St.3d 325 (1999)

THE STATE EX REL. HAYLETT v. OHIO BUREAU OF WORKERS' COMPENSATION ET AL.

Supreme Court of Ohio.

Decided December 29, 1999.


Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for relator, and urging issuance of the writs for amicus curiae, Ohio AFL-CIO.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for respondent Ohio Bureau of Workers' Compensation; and James A. Barnes, Assistant Attorney General, for respondent Industrial Commission.

Vorys, Sater, Seymour & Pease, L.L.P., Michael J. Canter and Jacklyn J. Ford, for respondent Anthem Blue Cross and Blue Shield.

Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, urging issuance of the writs for amicus curiae, Ohio Academy of Trial Lawyers.

Garvin & Hickey, L.L.C., Preston J. Garvin and Michael J. Hickey, urging denial of the writs for amici curiae, Ohio Chamber of Commerce, Ohio Manufacturers Association, Ohio Chapter of the National Federation of Independent Business, and Ohio Farm Bureau.

Bricker & Eckler L.L.P., Charles D. Smith, Diane Richards Brey and James Burnes; Porter, Wright, Morris & Arthur and Theodore G. Fisher, urging denial of the writs for amici curiae, MCO League of Ohio and Ohio Association of Managed Care Organizations.


PFEIFER, J.

At issue in this case is the constitutionality of the MCO program. Haylett argues that the MCO program violates Section 35, Article II of the Ohio Constitution because it is an improper delegation of authority to a private entity. We disagree. She also argues that MCOs violate due process when they terminate a claimant's medical treatment without providing prior notice and a prior hearing. We...

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