State ex rel. North v. Conrad - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as State ex rel. North v. Conrad, 89 Ohio St.3d 201, 2000-Ohio-131.]

THE STATE EX REL. NORTH, APPELLEE and CROSS-APPELLANT, v. CONRAD, ADMR.,
BUREAU OF WORKERS' COMPENSATION ET AL., APPELLANTS and CROSS-APPELLEES.
[Cite as State ex rel. North v. Conrad (2000), 89 Ohio St.3d 201.]
Workers' compensation -- Court of appeals' judgment affirmed and State ex rel.
Gay relief ordered.
(No. 99-1048 -- Submitted April 10, 2000 -- Decided June 21, 2000.)
APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No.
98AP-678.
__________________

Butkovich, Schimpf, Schimpf & Ginocchio Co., L.P.A., James A. Whittaker
and Stephen P. Gast, for appellee and cross-appellant.

Betty D. Montgomery, Attorney General, and Steven P. Fixler, Assistant
Attorney General, for appellants and cross-appellees.
__________________

The judgment of the court of appeals is affirmed. 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.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

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

__________________

LUNDBERG STRATTON, J., concurring and dissenting. I would affirm the
judgment of the court of appeals and remand the cause for reconsideration, but
would not mandate the application of Gay relief.

COOK, J., concurs in the foregoing opinion.

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