1998 OHIO 13 - State ex rel. Singer v. Indus. Comm.

[This opinion has been published in Ohio Official Reports at

83 Ohio St.3d 548

.]




   THE STATE EX REL. SINGER, APPELLANT, v. INDUSTRIAL COMMISSION OF
                                    OHIO, APPELLEE.
           [Cite as State ex rel. Singer v. Indus. Comm.,

1998-Ohio-13

.]
Workers’ compensation—Court of appeals’ judgment affirmed.
  (No. 98-266—Submitted September 15, 1998—Decided November 10, 1998.)
  APPEAL from the Court of Appeals for Franklin County, No. 96APD09-1199.
                                  __________________
        Fell, Marcus & Koder Co., L.P.A., and George N. Fell II, for appellant.
        Betty D. Montgomery, Attorney General, Mark S. Barnes and Reeve W.
Kelsey, Assistant Attorneys General, for appellee.
                                  __________________
        {¶ 1} 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, RESNICK and F.E. SWEENEY, JJ., dissent.
                                  __________________
        ALICE ROBIE RESNICK, J., DISSENTING.
        {¶ 2} I would reverse 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

.
        DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting
opinion.
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