Ohio Supreme Court, 1978

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

Ohio Supreme Court · Decided April 12, 1978 · Brown, Celebeezze, Herbert, Locher, Neill, Sweeney

54 Ohio St. 2d 39; 374 N.E.2d 422; 8 Ohio Op. 3d 35; 1978 Ohio LEXIS 529

Cases that cite this one

3 later published cases cite this decision.

Brady v. Safety-Kleen Corp. (Ohio 1991)
Liberty Mutual Insurance v. Industrial Commission (Ohio 1988)
State ex rel. Liberty Mutual Insurance v. Industrial Commission (Ohio 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.