2000 OHIO 22 - State ex rel. Walling v. Indus. Comm.

[This opinion has been published in Ohio Official Reports at

90 Ohio St.3d 73

.]




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

2000-Ohio-22

.]
Workers’ compensation—Court of appeals’ judgment reversed and State ex rel.
        Gay relief ordered.
     (No. 00-349—Submitted July 25, 2000—Decided September 20, 2000.)
     APPEAL from the Court of Appeals for Franklin County, No. 98AP-1599.
                                  __________________
        Law Office of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant.
        Betty D. Montgomery, Attorney General, and William J. McDonald,
Assistant Attorney General, for appellee.
                                  __________________
        {¶ 1} 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.
                                  __________________
        LUNDBERG STRATTON, J., dissenting.
        {¶ 2} 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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