State ex rel. Camargo v. Indus. Comm.

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THE STATE EX REL. CAMARGO, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Camargo v. Indus. Comm. (1999), ___ Ohio St.3d ___.] Workers compensation Court of appeals judgment reversed and State ex rel. Gay relief ordered. (No. 98-847 Submitted November 10, 1998 Decided January 20, 1999.) Appeal from the Court of Appeals for Franklin County, No. 97APD02-186. __________________ Gallon & Takacs Co., L.P.A., and Thomas J. Schaffer, for appellant. Betty D. Montgomery, Attorney General, and Reeve W. Kelsey, Assistant Attorney General, for appellee Industrial Commission. Vorys, Sater, Seymour & Pease L.L.P., Elizabeth T. Smith and William W. Patmon III, for appellee Mercy Hospital of Toledo. __________________ The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. I dissent and would affirm the judgment of the court of appeals. MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.

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