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BUSH v. SENTER

No. 05-2038.

141 Ohio Misc.2d 1 (2006)

2006-Ohio-7155

BUSH et al., Plaintiffs, v. SENTER et al., Defendants.

Court of Common Pleas of Ohio, Montgomery County.

Decided November 13, 2006.

Attorney(s) appearing for the Case

Dwight D. Brannon and Kevin A. Bowman, for plaintiffs.

Kevin C. Connell, for defendant Gina Senter.

Bradley A. Powell and Lawrence White, for defendant Deborah M. Caudill.

Jeffrey C. Turner, for defendant Public Entities Pool of Ohio.

James D. Utrecht, for defendant Westfield Insurance Company.

Benjamin W. Crider and Lee M. Smith, for defendant James Conrad, Administrator, Ohio Bureau of Workers' Compensation.

Raymond H. Decker Jr., for defendant Setina Manufacturing Company, Inc.

FROELICH, Judge.

I. FACTS

{¶ 1} The facts in this case have been detailed in previous decisions.

{¶ 2} Plaintiffs have filed a motion to find R.C. 4123.93 and 4123.931 (the workers' compensation subrogation provisions of Senate Bill 227) unconstitutional. They argue that the legislation is an unconstitutional taking and that it violates equal protection, separation of powers, and due process. The Bureau of Workers' Compensation contends...

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