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Ohio Supreme Court, 1998

State ex rel. Montgomery v. Industrial Commission

State ex rel. Montgomery v. Industrial Commission
Ohio Supreme Court · Decided October 28, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney, Would
83 Ohio St. 3d 436; 700 N.E.2d 594

State ex rel. Montgomery v. Industrial Commission

Opinion of the Court

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas and Resnick, JJ., separately dissent. F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals.

Dissenting Opinion

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

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

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