Ohio Supreme Court, 1999

State ex rel. Green v. Industrial Commission

State ex rel. Green v. Industrial Commission
Ohio Supreme Court · Decided October 13, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
87 Ohio St. 3d 41; 716 N.E.2d 1149
State ex rel. Green v. Industrial Commission

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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., .dissents. Cook and Lundberg Stratton, JJ., dissent.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent because I do not agree that Gay relief is warranted. I would affirm the judgment of the court of appeals and return the cause to the Industrial Commission for compliance with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

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

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