State ex rel. Montgomery v. Industrial Commission

Ohio Supreme Court October 28, 1998

State ex rel. Montgomery v. Industrial Commission, 83 Ohio St. 3d 436 (Ohio 1998)

700 N.E.2d 594

Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney, Would

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.

Reference

Full Case Name: The State ex rel. Montgomery v. Industrial Commission of Ohio
Status: Published