STATE EX REL. GEN. MOTORS CORP. v. INDUS. COMM.

No. 2007-0210.

117 Ohio St.3d 480 (2008)

2008-Ohio-1593

THE STATE OF OHIO EX REL. GENERAL MOTORS CORPORATION, Appellee, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellants.

Supreme Court of Ohio.

Decided April 9, 2008.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Bradley K. Sinnott, and F. Daniel Balmert, for appellee.

Marc Dann, Attorney General, William P. Marshall, Solicitor General, Elise W. Porter, Deputy Solicitor, and Stephen D. Plymale, Assistant Attorney General, for appellant Industrial Commission of Ohio.

Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak, for appellant Chester Stephan.


O'CONNOR, J.

{¶ 1} The primary question before us today is whether an action in mandamus by appellee General Motors Corporation ("GMC") was the proper vehicle by which to seek relief from the order of appellant Industrial Commission that under R.C. 4123.56, GMC could not claim an offset for taxes withheld on appellant Chester Stephan's behalf. For the reasons that follow, we hold that...

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