Philip J. Fulton Law Office, Philip J. Fulton , and Chelsea Fulton Rubin , urging affirmance for amici curiae Ohio Association for Justice and Ohio Association of Claimants' Counsel.
Bricker & Eckler, L.L.P., and Sue A. Wetzel , urging reversal for amicus curiae National Federation of Independent Business/Ohio.
Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor , urging reversal for amici curiae Ohio Self-Insurers Association and Ohio Council of Retail Merchants.
O'CONNOR, C.J., and O'DONNELL, J., concur in judgment only.
DeWINE, J.
{¶ 1} Under Ohio law, an employer may appeal a determination by the Industrial Commission that an employee has the right to participate in the workers' compensation fund. Although it is the employer who files the appeal in the common pleas court, the employee is the plaintiff...
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