State ex rel. Clemons v. Industrial Commission

Ohio Supreme Court
State ex rel. Clemons v. Industrial Commission, 83 Ohio St. 3d 348 (Ohio 1998)
699 N.E.2d 1279
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

State ex rel. Clemons v. Industrial Commission

Opinion of the Court

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St 3d 315, 626 N.E.2d 666.

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

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I would reverse the judgment of the court of appeals and issue a limited writ to return the cause to the Industrial Commission for further consideration consistent with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion.

Reference

Full Case Name
The State ex rel. Clemons v. Industrial Commission of Ohio
Cited By
1 case
Status
Published