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MCCLOSKY, APPELLANT, V. REGAL MINING, INC.; ADMINISTRATOR, BUREAU OF
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WORKERS’ COMPENSATION, ET AL., APPELLEES.
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[THE STATE EX REL.]TARR V. ADMINISTRATOR, BUREAU OF WORKERS’
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COMPENSATION, ET AL.
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[Cite as McClosky v. Regal Mining, Inc. (1997), ___ Ohio St.3d ___.]
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Workers’ compensation -- R.C. 4123.512 -- Appeal to court of common
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pleas -- Decision of Industrial Commission to deny compensation for
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additional condition requested subsequent to initial allowance of the
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claim is an appealable decision.
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(Nos. 95-2635 and 96-304 -- Submitted March 4, 1997 -- Decided
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April 16, 1997.)
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APPEAL from the Court of Appeals for Carroll County, No. 650.
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IN MANDAMUS.
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__________
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Cross & Rose Co., L.P.A., and Richard S. Dodson, Jr., for appellant
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in case No. 95-2635.
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Betty D. Montgomery, Attorney General, Simon B. Karas, Deputy
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Chief Counsel, and William A. Thorman III, Assistant Attorney General, for
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appellees Administrator, Bureau of Workers’ Compensation, and Industrial
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Commission of Ohio in case No. 95-2635.
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Joseph R. Compoli, Jr., and Mark S. Telich, for relator in case No.
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96-304.
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Betty D. Montgomery, Attorney General, and Gerald H. Waterman,
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Assistant Attorney General, for respondents in case No. 96-304.
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__________
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The judgment of the court of appeals in case No. 95-2635 is reversed
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and the cause is remanded to the trial court for further proceedings on the
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authority of Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175.
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The complaint in mandamus in case No. 96-304 is dismissed
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because relator has an adequate legal remedy from the Industrial
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Commission’s order by way of appeal to the court of common pleas. R.C.
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4123.512; Afrates v. Lorain.
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MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
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LUNDBERG STRATTON, JJ., concur.
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