Ohio Supreme Court, 1989

State ex rel. Peabody Coal Company v. Industrial Commission

Ohio Supreme Court · Decided July 12, 1989 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

44 Ohio St. 3d 104; 541 N.E.2d 74; 1989 Ohio LEXIS 155

Cases that cite this one

9 later published cases cite this decision.

State ex rel. Chrysler Corp. v. Industrial Commission (Ohio 1998)
State ex rel. Roadway Express v. Indus Comm. (Ohio 1998)
State ex rel. Complete Auto Transit, Inc. v. Ohio Bureau of Workers' Compensation (Ohio 2000)
State ex rel. Complete Auto Transit, Inc. v. Ohio Bur. of Workers' Comp. (Ohio 2000)
State ex rel. Sysco Food Services of Cleveland, Inc. v. Industrial Commission (Ohio 2000)
State ex rel. Sysco Food Serv. of Cleveland, Inc. v. Indus. Comm. (Ohio 2000)
State ex rel. Roadway Express v. Industrial Commission (Ohio 1998)
State ex rel. Eaton Corp. v. Lancaster (Ohio 1989)
State Ex Rel. Farwick v. Hoover Co., Unpublished Decision (2-11-1999) (Ohio Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.