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The State ex rel. Green, Appellant, v. Industrial Commission of Ohio, Appellee

Supreme Court of Ohio1999-10-13No. No. 99-212
87 Ohio St. 3d 41

Authorities cited

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Opinion

majority opinion

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., .dissents.

Cook and Lundberg Stratton, JJ., dissent.

dissent opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent because I do not agree that Gay relief is warranted. I would affirm the judgment of the court of appeals and return the cause to the Industrial Commission for compliance with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. Cook, J., concurs in the foregoing dissenting opinion.