# State, Ex Rel. Hwy. Dept. v. Indus. Comm.

> Ohio Court of Appeals · August 12, 1980 · 70 Ohio App. 2d 41

URL: https://www.frixlaw.com/law-library/cases/3725146

## Case

- **Full name:** State v. Industrial Commission
- **Court:** Ohio Court of Appeals
- **Decided:** August 12, 1980
- **Citations:** 70 Ohio App. 2d 41; 434 N.E.2d 279
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** STRAUSBAUGH, P. J.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3725146

## Opinion text

I concur on the basis that the petition in mandamus states a claim for relief, as the Industrial Commission had no jurisdiction to change a prior unappealed order unless there was fraud, new or changed circumstances occurring subsequent to the order, or a mistake prejudicing one of the parties. The petition alleges that the Industrial Commission abused its discretion in reversing a prior order. Therefore, the motion to dismiss for failure to state a claim upon which relief can be granted must be overruled.
In addition, the movant has not established that he is entitled to summary judgment as to whether there was a proper basis for the Industrial Commission to make the order. *Page 44

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3725146. Public record. Not legal advice.