State ex rel. Patterson v. Indus. Comm.
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THE STATE EX REL. PATTERSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Patterson v. Indus. Comm. (1998), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment reversed and cause returned for State ex rel. Noll relief. (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. LUNDBERG STRATTON, J., dissenting. 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.
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