State ex rel. Cox v. Industrial Commission

First, it must be noted that the Court of Appeals held Ohio Adm. Code 4121-3-18(A)(l)(b)1 invalid as being in conflict with R. C. 4121.35(C), whereas, as stated, the rule which was in effect at the time of this matter was 4121-3-20(F)2. However, it appears that the same basic procedures were followed under the old rule as now under the new rule, and the underlying issue remains as to whether either rule, in the furtherance of the provisions of R. C. 4121.06(A), conflicts with R. C. 4121.35(C).

In issuing its writ of mandamus, the Court of Appeals held that R. C. 4121.35(C) mandates an appeal…