State ex rel. Peabody Coal Company v. Industrial Commission

Ohio Supreme Court
State ex rel. Peabody Coal Company v. Industrial Commission, 44 Ohio St. 3d 104 (Ohio 1989)
541 N.E.2d 74; 1989 Ohio LEXIS 155
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

State ex rel. Peabody Coal Company v. Industrial Commission

Opinion of the Court

Per Curiam.

We hereby grant appellee’s motion for rehearing. Upon reconsideration, we hereby grant appellee’s request for reimbursement from the statutory Surplus Fund for all monies paid subsequent to the commission’s order finding that claimant’s condition had become permanent.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Concurring Opinion

Douglas, J.,

concurring. I am pleased to see the majority now adopt the position set forth in my concurrence (joined in by Justice Sweeney) in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St. 3d 404, 416-417, 534 N.E. 2d 46, 58.

Sweeney, J., concurs in the foregoing concurring opinion.

Reference

Full Case Name
The State, ex rel. Peabody Coal Company v. Industrial Commission of Ohio
Cited By
10 cases
Status
Published