State ex rel. Kroger Co. v. Stover

The primary issues presented are (1) whether the trial court erred in dismissing appellant’s appeal brought pursuant to R.C. 4123.519 and (2) whether the trial court erred in denying relator-*231appellant’s application for a writ of mandamus. We hold in the negative as to both issues and, accordingly, affirm the judgment of the court of appeals.

I

R.C. 4123.519 provides in pertinent part: “[t]he claimant or the employer may appeal a decision of the industrial commission * * * in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common…