State ex rel. Fleischer v. Indus. Comm.
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THE STATE EX REL. FLEISCHER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Fleischer v. Indus. Comm. (1999), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment reversed and State ex rel. Noll relief ordered. (No. 98-743 Submitted October 12, 1998 Decided February 24, 1999.) APPEAL from the Court of Appeals for Franklin County, No. 97APD01-120. __________________ Law Office of Thomas Tootle and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and Jon D. Grandon, Assistant Attorney General, for appellee. __________________ The judgment of the court of appeals is reversed. 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. MOYER, C.J., DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur. PFEIFER, COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. I dissent and would affirm the judgment of the court of appeals. PFEIFER and COOK, JJ., concur in the foregoing dissenting opinion.
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