State ex rel. United Automobile, Aerospace & Agricultural Implement Workers of America v. Ohio Bureau of Workers' Compensation

{¶ 1} This is an appeal and cross-appeal from a judgment dismissing a complaint for a writ of mandamus to compel a state agency to follow the law expressed in two of this court’s opinions.

{¶ 2} Under R.C. 4123.931(A), the payment of workers’ compensation benefits “creates a right of recovery in favor of a statutory subrogee against a third party, and the statutory subrogee is subrogated to the rights of a claimant against that third party.” The “statutory subrogee” is “the administrator of workers’ compensation, a self-insuring employer, or an employer that contracts for the direct payment of…