5 Ohio App. 2d 43

The State, ex rel. McAfee, v. Keller, Admr., et al., Industrial Comm., et al.

(No. 7898

Decided January 18, 1966.)

Messrs. Barkan & Barkan, for relatrix.

Messrs. Vorys, Sater, Seymour & Pease and Mr. Russel P. Eerrold, Jr., for respondent Ternstedt Division, General Motors Corporation.

Mr. William B. Sacabe, attorney general, and Mr. Robert N. Wistner, for respondents Elmer Keller, Administrator, and the Industrial Commission.

Duffey, J.

This is an original action in mandamus. Relatrix seeks to require the Adminstrator of the Bureau of Workmen’s Compensation to commence payment of an award to her as claimant.

Relatrix filed an application for adjustment of claim. Her employer is Ternstedt Division of General Motors Corporation, a self-insurer. The administrator disallowed the claim. Tbe Board of Review reversed tbe administrator and allowed tbe claim. An appeal to tbe commission was duly filed by tbe employer. Tbe appeal was accepted by tbe commission and a bearing bas been beld. No decision bas been made and tbe case is now “under advisement.”

*44The court has carefully reviewed the provisions of Chapter 4123, Revised Code. We can find no statutory provision which authorizes the commencement of payments where the allowance of a claim is first made by a Regional Board of Review, and the commission has accepted the board’s action for review on appeal, and where such appeal is still pending without decision before the commission.

The petition will be, and hereby is, dismissed.

Petition dismissed.

Bryant, P. J., and Duppy, J., concur.

State ex rel. McAfee v. Keller
5 Ohio App. 2d 43

Case Details

Name
State ex rel. McAfee v. Keller
Decision Date
Jan 18, 1966
Citations

5 Ohio App. 2d 43

Jurisdiction
Ohio

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