State ex Rel. Witherspoon v. Indus. Comm

Full title: THE STATE EX REL. WITHERSPOON, APPELLANT, v. INDUSTRIAL COMMISSION OF…

Court: Supreme Court of Ohio

Date published: Mar 31, 1999

707 N.E.2d 498 (Ohio 1999)

707 N.E.2d 498

Opinion

No. 98-1272.

Submitted February 23, 1999.

Decided March 31, 1999.

APPEAL from the Court of Appeals for Franklin County, No. 97APD06-861.

Rachel B. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Michael E. George, Assistant Attorney General, for appellee.

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 and RESNICK, JJ., dissent.

F.E. SWEENEY, J., dissents and would reverse the judgment of the court of appeals.

ALICE ROBIE RESNICK, J., dissenting.

I would reverse the judgment of the court of appeals and order relief pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

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