State ex rel. OÆBrien v. Indus. Comm.
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THE STATE EX REL. O BRIEN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. O Brien v. Indus. Comm. (1998), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment affirmed. (No. 97-616 Submitted August 19, 1998 Decided October 14, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD04-425. __________________ Daniel D. Connor Co., L.P.A., Daniel D. Connor and Kenneth S. Hafenstein, for appellant. Betty D. Montgomery, Attorney General, and Miltina A. Gavia, 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, RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion.
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