Opinion
No. 2008-1949.
December 31, 2008.
Hamilton App. No. C-070223, 2008-Ohio-4272.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Entry filed September 18, 2008:
"Whether the refusal by the Industrial Commission of Ohio to exercise continuing jurisdiction to make a finding of fraud is a right to participate issue under R.C. 4123.512?"
CUPP, J., dissents.
The conflict cases are Thomas v. Conrad (Feb. 14, 1997), Montgomery App. Nos. 15873 and 15898, and Brown v. Thomas Asphalt Paving Co. (Dec. 14, 2001), Portage App. No. 2000-P-A098.
Sua sponte, cause consolidated with 2008-1946, Benton v. Hamilton Cty. Educational Serv. Ctr., Hamilton App. No. C-070223, 2008-Ohio-4272.