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.https://leagle.com/images/logo.png
Submitted November 29, 2005.
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.
Supreme Court of Ohio.
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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