State ex rel. Crain v. Indus. Comm.

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THE STATE EX REL. CRAIN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Crain v. Indus. Comm. (1998), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment reversed and State ex rel. Noll relief ordered. (No. 95-2185 Submitted May 12, 1998 Decided June 17, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 94APD06-929. __________________ Sheldon Karp Co., L.P.A., and R. Mark Gottfried, for appellant. Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee. __________________ The judgment of the court of appeals is reversed, and the cause is returned to the Industrial Commission for compliance with 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 and would affirm the judgment of the court of appeals.

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