Ohio Supreme Court, 1999

State ex rel. Thomas v. Industrial Commission

State ex rel. Thomas v. Industrial Commission
Ohio Supreme Court · Decided March 24, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
85 Ohio St. 3d 86; 706 N.E.2d 1254

State ex rel. Thomas v. Industrial Commission

Opinion of the Court

The motion for this court to reconsider its judgment entry and decision in State ex rel. Thomas v. Indus. Comm. (1999), 84 Ohio St.3d 370, 703 N.E.2d 1280, is granted.

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

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

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