Ohio Supreme Court, 1998

State ex rel. Elyria v. Indus. Comm.

State ex rel. Elyria v. Indus. Comm.
Ohio Supreme Court · Decided December 30, 1998 · Per Curiam
1998 Ohio 538
State ex rel. Elyria v. Indus. Comm.

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Opinion

THE STATE EX REL. CITY OF ELYRIA, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.; WITHERELL, APPELLANT.

[Cite as State ex rel. Elyria v. Indus. Comm. (1998), ___ Ohio St.3d ___.] Workers’ compensation — Court of appeals’ judgment reversed and Industrial Commission’s order reinstated.

(No. 98-457 — Submitted October 12, 1998 — Decided December 30, 1998.)

Appeal from the Court of Appeals for Franklin County, No. 97APD01-18.

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John L. Goodman, for appellee city of Elyria.

Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.

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The judgment of the court of appeals is reversed, and the order of the Industrial Commission is reinstated.

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

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

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LUNDBERG STRATTON, J., dissenting. Because I would affirm the judgment of the court of appeals and return the case to the Industrial Commission for further consideration, I respectfully dissent.

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

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