KUHN v. INTERSTATE MOTOR FREIGHT SYSTEM

Workers' compensation — Surety for insolvent self-insured employer is "employer" within meaning of R.C. 4123.01(B), when — Surety may participate in benefit determination proceedings, when.

The judgment of the court of appeals in case No. L-85-212 is hereby affirmed on authority of Holben v. Interstate Motor Freight System (1987), 31 Ohio St.3d 152, 31 OBR 318, 509 N.E.2d 938, decided this date.

MOYER, C.J., SWEENEY, HOLMES, WRIGHT and H. BROWN, JJ., concur.

LOCHER and DOUGLAS, JJ., dissent.

LOCHER, J., dissenting.

I respectfully dissent for the reasons expressed in my dissent in Holben v. Interstate Motor Freight System (1987), 31 Ohio St.3d 152, 31 OBR 318, 509 N.E.2d 938.

DOUGLAS, J., concurs in the foregoing dissenting opinion.