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

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THE STATE EX REL. CLEMONS, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO,
APPELLEE.
[Cite as State ex rel. Clemons v. Indus. Comm. (1998), ___ Ohio St.3d ___.]
Workers' compensation -- Court of appeals' judgment reversed and State ex rel.
Gay relief ordered.
(No. 97-1323 -- Submitted August 19, 1998 -- Decided October 14, 1998.)
APPEAL from the Court of Appeals for Franklin County, No. 96APD08-1058.
__________________

Hochman & Roach Co., L.P.A., and Carla J. Lauer, for appellant.

Betty D. Montgomery, Attorney General, and William D. Haders, Assistant
Attorney General, for appellee.
__________________

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., COOK and LUNDBERG STRATTON, JJ., dissent.
__________________

LUNDBERG STRATTON, J., dissenting. I would reverse the judgment of the
court of appeals and issue a limited writ to return the cause to the Industrial
Commission for further consideration consistent with State ex rel. Noll v. Indus.
Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.