STATE EX REL. v. BUR. OF WORKERS'

No. 2005-0526.

108 Ohio St.3d 432 (2006)

2006-Ohio-1327

THE STATE EX REL. UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, REGION 2-B, APPELLANT AND CROSS-APPELLEE, v. OHIO BUREAU OF WORKERS' COMPENSATION ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided April 5, 2006.


Attorney(s) appearing for the Case

Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak, for appellant and cross-appellee.

Jim Petro, Attorney General, Elise Porter, and James A. Barnes, Assistant Attorneys General, for appellees and cross-appellants.

Garvin & Hickey, L.L.C., Preston J. Garvin, and Michael J. Hickey, urging affirmance for amicus curiae Ohio Chamber of Commerce.

Bricker & Eckler, L.L.P., and Thomas R. Sant, urging affirmance for amici curiae Ohio Chapter of the National Federation of Independent Business and Ohio Manufacturers' Association.

Vorys, Sater, Seymour & Pease, L.L.P., Robert A. Minor, and Robin Obetz, urging affirmance for amicus curiae Ohio Self-Insurers Association.


Per Curiam.

{¶ 1} This is an appeal and cross-appeal from a judgment dismissing a complaint for a writ of mandamus to compel a state agency to follow the law expressed in two of this court's opinions.

{¶ 2} Under R.C. 4123.931(A), the payment of workers' compensation benefits "creates a right of recovery in favor of a statutory subrogee against a third party, and the statutory subrogee is subrogated to the rights...

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