State ex rel. Toledo Hosp. v. Ohio Bur. of WorkersÆ Comp.

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THE STATE EX REL. TOLEDO HOSPITAL, APPELLEE, v. ADMR., OHIO BUREAU OF WORKERS COMPENSATION, ET AL., APPELLEES; KANARY, APPELLANT. [Cite as State ex rel. Toledo Hosp. v. Ohio Bur. of Workers Comp. (1998), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment reversed and order of Industrial Commission reinstated. (No. 96-1656 Submitted October 27, 1998 Decided December 30, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 95APD04-424. __________________ Marshall & Melhorn and David L. O Connell, for appellee Toledo Hospital. Betty D. Montgomery, Attorney General, and Reeve W. Kelsey, Assistant Attorney General, for appellees Adminstrator, Bureau of Workers Compensation, and Industrial Commission. Dorothy B. McCrory & Associates, Christopher S. Clark and Kurt M. Young, for appellant John E. Kanary. __________________ The judgment of the court of appeals is reversed, and the order of the Industrial Commission is reinstated. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. Because I would affirm the judgment of the court of appeals, I respectfully dissent. MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.

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