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

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[Cite as State ex rel. Schmidt v. Indus. Comm., 90 Ohio St.3d 71, 2000-Ohio-20.]

THE STATE EX REL. SCHMIDT, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET
AL., APPELLEES.
[Cite as State ex rel. Schmidt v. Indus. Comm. (2000), 90 Ohio St.3d 71.]
Workers' compensation -- Court of appeals' judgment affirmed.
(No. 00-55 -- Submitted July 25, 2000 -- Decided September 20, 2000.)
APPEAL from the Court of Appeals for Franklin County, No. 98AP-1332.
__________________

Fell & Marcus Co., L.P.A., and George N. Fell II, for appellant.

Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant
Attorney General, for appellee Industrial Commission of Ohio.

Bugbee & Conkle and Richard L. Johnson, for appellee Tecumseh Products
Company.
__________________

The judgment of the court of appeals is affirmed consistent with the opinion
of the court of appeals.

MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.
__________________

ALICE ROBIE RESNICK, J., dissenting. I would reverse the judgment of the
court of appeals and order the Industrial Commission to comply with State ex rel.
Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion.

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