Opinion
No. 01-256.
Submitted July 17, 2001.
Decided September 19, 2001.
Appeal from the Court of Appeals for Franklin County, No. 00AP-511.
Baran, Piper, Tarkowsky, Fitzgerald Theis Co., L.P.A., and John Tarkowsky, for appellant.
Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee Industrial Commission.
Philip J. Fulton Associates and William A. Thorman III, for appellee Douglas E. Moerch.
The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
LUNDBERG STRATTON, J., dissents.
I dissent and would grant the requested writ of mandamus and return the matter to the Industrial Commission for reconsideration. Therefore, I would reverse the judgment of the court of appeals.