Opinion

State ex rel. Louisiana-Pacific Corp. v. Industrial Commission

  • 54 Ohio St. 2d 39
  • 8 Ohio Op. 3d 35
  • 374 N.E.2d 422
  • 1978 Ohio LEXIS 529
Court
Ohio Supreme Court
Filed
Apr 12, 1978
Status
Published
On the bench
Brown, Celebeezze, Herbert, Locher, Neill, Sweeney
Cited by
3 cases
Authority
More cited than 77.8%

The opinion

Per Curiam.

The issue to be resolved is whether a. self-insurer under the workers’ compensation law who continues to make compensation and medical payments while; contesting the origin of a claim, and the injury for which, benefits are being paid is determined to be attributable to-an injury covered by the state fund, must be reimbursed, by the state for such payments.

This court has upheld, in disparate circumstances, the right of an employer to seek reimbursement from the commission, and has recognized mandamus as a proper remedy to compel such reimbursement. State, ex rel. Lange, v. Indus. Comm. (1918), 98 Ohio St. 459 ; State, ex rel. Hunt *41 & Dorman Mfg. Co., v. Indus. Comm. (1923), 108 Ohio St. 139

It is undisputed that the injury for which benefits were paid by the employer in claim No. 490610-22 was determined to be due to the injuries covered by claim No. 68-26660 paid from the state fund. Therefore, relator having shown a clear legal right to the relief requested, the writ of mandamus is hereby allowed.

Writ allowed.

O’Neill, C. J., Herbert, Celebeezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.