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STATE, EX REL. COX, v. INDUS. COMM.

No. 80-1527.

67 Ohio St. 2d 235 (1981)

THE STATE, EX REL. COX, APPELLEE AND CROSS-APPELLANT, v. INDUSTRIAL COMMISSION ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1981.

Attorney(s) appearing for the Case

E. S. Gallon & Associates, L.P.A., and Mr. Jeffrey V. Nackley, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, and Mr. Thomas E. Skilken, for appellant and cross-appellee Industrial Commission.

Smith & Schnacke, L.P.A., Mr. Gary W. Auman and Ms. Jennifer A. Cox, for appellant and cross-appellee Inland.

HOLMES, J.

First, it must be noted that the Court of Appeals held Ohio Adm. Code 4121-3-18(A)(1)(b)1 invalid as being in conflict with R. C. 4121.35(C), whereas, as stated, the rule which was in effect at the time of this matter was 4121-3-20(F)2. However, it appears that the same basic procedures were followed under the old rule as now under the new rule, and the underlying issue remains as to whether either...

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