Ohio Supreme Court, 1998

State ex rel. Gibson v. Industrial Commission

Ohio Supreme Court · Decided July 1, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

82 Ohio St. 3d 293; 695 N.E.2d 740

Cases that cite this one

2 later published cases cite this decision.

State Ex Rel. Campbell v. Indus. Comm., Unpublished Decision (10-22-2002) (Ohio Ct. App. 2002)
State ex rel. Gibson v. Indus. Comm. (Ohio 1998)

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.

State ex rel. Draganic v. Indus. Comm. (1996), 75 Ohio St.3d 461, 663 N.E.2d 929, held that the commission was not bound by a prior interlocutory order of PTD compensation. The commission did not, therefore, abuse its discretion in denying further PTD compensation on this basis.

We also find that the commission’s order adequately explains the reasoning, thereby complying with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. Because Noll compliance negates any right to relief under State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666, claimant’s request for relief consistent with Gay is not well taken.

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, J., dissents.

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