State ex rel. Williams v. Moody's of Dayton, Inc.

Clifford F. Brown,

J. The issue presented herein is whether the Industrial Commission abused its discretion in denying appellee an opportunity to depose Dr. Brown. For the following reasons we hold that it did.

R.C. 4123.09 provides as follows:

“In claims filed before the industrial commission by injured employees and the dependents of killed employees on account of injury or death sustained by such employees in the course of their employment, the commission may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for the taking of…