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

No. 82-428.

2 Ohio St. 3d 97 (1982)

THE STATE, EX REL. ROOPE, APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLEE; ROADWAY EXPRESS, INC., APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Daniel D. Connor Co., L.P.A., Mr. Bruce L. Hirsch and Mr. Daniel D. Connor, for appellant and cross-appellee, John W. Roope.

Messrs. Vorys, Sater, Seymour & Pease and Mr. Robert A. Minor, for appellee and cross-appellant, Roadway Express, Inc.

Mr. William J. Brown, attorney general, and Mr. Gerald H. Waterman, for appellee and cross-appellee, Industrial Commission.

CLIFFORD F. BROWN, J.

The first issue to be decided is whether the commission's order was appealable. Where an appeal may be taken from an order of the commission, an action in mandamus may not be maintained. State, ex rel. Benton, v. Columbus & Southern Ohio Elec. Co. (1968), 14 Ohio St.2d 130 [43 O.O.2d 238], paragraph one of the syllabus. Since R.C. 4123.519 provides that decisions of the commission...

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