State ex rel. Mitchell v. Gen. Motors Corp., Packard Elec. Div. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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THE STATE EX REL. MITCHELL, APPELLANT, v. GENERAL MOTORS CORPORATION,
PACKARD ELECTRIC DIVISION, ET AL., APPELLEES.
[Cite as State ex rel. Mitchell v. Gen. Motors Corp., Packard Elec. Div. (1998),
___ Ohio St.3d ___.]
Workers' compensation -- Court of appeals' judgment reversed and Noll relief
ordered.
(No. 96-1445 -- Submitted August 19, 1998 -- Decided October 14, 1998.)
APPEAL from the Court of Appeals for Franklin County, No. 95APD06-796.
__________________

Weiner, Suit & Coury and Paul W. Newendorp, for appellant.

Vorys, Sater, Seymour & Pease, Robert A. Minor and Jacklyn J. Ford, for
appellee General Motors Corporation.

Betty D. Montgomery, Attorney General, and David J. Kovach, Assistant
Attorney General, for appellee Industrial Commission.
__________________

The judgment of the court of appeals is reversed. The cause is returned to
the Industrial Commission for relief consistent with State ex rel. Noll v. Indus.
Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
__________________

LUNDBERG STRATTON, J., dissenting. I dissent and would affirm the court
of appeals.

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