1998 OHIO 21 - State ex rel. Young v. Indus. Comm.

[This opinion has been published in Ohio Official Reports at

83 Ohio St.3d 560

.]




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

1998-Ohio-21

.]
Workers’ compensation—Court of appeals’ judgment reversed and cause returned
        for State ex rel. Noll relief.
   (No. 97-1583—Submitted August 19, 1998—Decided November 10, 1998.)
  APPEAL from the Court of Appeals for Franklin County, No. 96APD10-1318.
                                  __________________
        Law Office of Thomas Tootle and Thomas Tootle, for appellant.
        Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant
Attorney General, for appellee.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed, and the cause is
returned to the Industrial Commission for relief pursuant to State ex rel. Noll v.
Indus. Comm. (1991),

57 Ohio St.3d 203

567 N.E.2d 245

.
        DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
        MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
                                  __________________
        LUNDBERG STRATTON, J., dissenting.
        {¶ 2} I dissent and would affirm the judgment of the court of appeals
consistent with the opinion of the court of appeals.
        MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.
                                  __________________