State ex rel. Smith v. Indus. Comm.

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[Cite as State ex rel. Smith v. Indus. Comm., 91 Ohio St.3d 568, 2001-Ohio-114.] THE STATE EX REL. SMITH, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Smith v. Indus. Comm. (2001), 91 Ohio St.3d 568.] Workers compensation Court of appeals judgment affirmed. (No. 00-1688 Submitted April 24, 2001 Decided June 6, 2001.) APPEAL from the Court of Appeals for Franklin County, No. 99AP-955. __________________ 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. __________________ DOUGLAS, J., dissenting. I respectfully dissent. I would reverse the judgment of the court of appeals and adopt the decision of the magistrate. RESNICK and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________ John Anthony Bull, for appellant. Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee. __________________ 1

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