State ex rel. Humphrey v. Indus. Comm. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

	ROMINGER LEGAL
		Ohio Court Cases and Opinions - Ohio Legal Research
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -RESEARCH

This court case was taken from the web sites of the Ohio Courts. Search our site for more cases - CLICK HERE

LEGAL RESEARCH

COURT REPORTERS

PRIVATE INVESTIGATORS

PROCESS SERVERS

DOCUMENT RETRIEVERS

EXPERT WITNESSES

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

Legal News - Legal Headlines

THE STATE EX REL. HUMPHREY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO,
APPELLEE.
[Cite as State ex rel. Humphrey v. Indus. Comm. (1998), ___ Ohio St.3d ___.]
Workers' compensation -- Court of appeals' judgment affirmed.
(No. 97-1531 -- Submitted August 19, 1998 -- Decided October 14, 1998.)
APPEAL from the Court of Appeals for Franklin County, No. 96APD09-1210.
__________________

Law Offices of Larry Hotchkiss and Scott A. Bravi, for appellant.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst,
Assistant Attorney General, for appellee.
__________________

The judgment of the court of appeals is affirmed consistent with the opinion
of the court of appeals.
F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

MOYER, C.J., DOUGLAS and RESNICK, JJ., dissent.
__________________

ALICE ROBIE RESNICK, J., dissenting. I would reverse the judgment of the
court of appeals and return the cause to the Industrial Commission to consider the
report of bureau vocational specialist Rod Metcalf. The commission's order lists
reports reviewed and evaluated, but omits mention of the Metcalf report. I
disagree with the court of appeals' finding that the commission satisfied the
requirement that it indicate consideration of the Metcalf report because another
vocational report makes several references to it. It is the commission's duty to
evaluate all the evidence, and it may not delegate that responsibility. See State ex
rel. Hayes v. Indus. Comm. (1997), 78 Ohio St.3d 572, 577, 679 N.E.2d 295, 299;
State ex rel. Fultz v. Indus. Comm. (1994), 69 Ohio St.3d 327, 631 N.E.2d 1057.