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STATE EX REL. MAHONEY v. TEAM AM. 3 INC.

No. 2002-0247.

99 Ohio St.3d 532 (2003)

2003-Ohio-4830

THE STATE EX REL. MAHONEY, APPELLEE, v. TEAM AMERICA 3, INC.; WANNER METAL WORX, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 24, 2003.

Attorney(s) appearing for the Case

Stanley R. Jurus Law Office and John R. Workman, for appellee.

Jim Petro, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellant Industrial Commission of Ohio.

Kegler, Brown, Hill & Ritter, Timothy T. Tullis and David M. McCarty, for appellant Wanner Metal Worx, Inc.

Schottenstein, Zox & Dunn, Roger L. Sabo and John J. Krimm Jr., urging reversal for amicus curiae Associated General Contractors of Ohio.

Kegler, Brown, Hill & Ritter and Donald W. Gregory, urging reversal for amicus curiae American Subcontractors Association.

LUNDBERG STRATTON, J.

{¶ 1} Appellee, John T. Mahoney ("claimant"), was injured in the course and scope of his employment on October 21, 1998. At the time, the claimant was an employee of Team America 3, Inc., a temporary-employment agency that furnished laborers to its customer, Wanner Metal Worx, Inc. ("Wanner"). The injury occurred while the claimant and other workers were restoring the exterior of an office building. The Sherman Smoot Construction...

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