Ohio Supreme Court, 1999

State ex rel. Dietz v. Conrad

Ohio Supreme Court · Decided January 20, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

84 Ohio St. 3d 358; 703 N.E.2d 1272

Opinion of the Court

The judgment of the court of appeals is reversed, and a limited writ is issued that returns the cause to the Industrial Commission for recalculation of appellant’s average weekly wage in accordance with the special circumstances provision of R.C. 4123.61.

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

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I dissent and would affirm the judgment of the court of appeals.

Cook, J., concurs in the foregoing dissenting opinion.

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