Opinion
No. 97-1844
Submitted August 19, 1998.
Decided November 10, 1998.
APPEAL from the Court of Appeals for Franklin County, No. 96APD09-1204.
Daniel D. Connor Co., L.P.A., Daniel D. Connor and Kenneth S. Hafenstein, for appellant.
Betty D. Montgomery, Attorney General, and Steve P. Dlott, Assistant Attorney General, for appellee.
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.
I 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.