State ex rel. Shipp v. Indus. Comm.

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[Cite as State ex rel. Shipp v. Indus. Comm., 101 Ohio St.3d 93, 2004-Ohio-25.] THE STATE EX REL. SHIPP, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL. [Cite as State ex rel. Shipp v. Indus. Comm., 101 Ohio St.3d 93, 2004-Ohio-25.] Workers compensation Court of appeals judgment affirmed. (No. 2003-0941 Submitted December 1, 2003 Decided January 21, 2004.) APPEAL from the Court of Appeals for Franklin County, No. 02AP-861, 2003Ohio-2190. __________________ {ΒΆ1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. RESNICK, F.E. SWEENEY and PFEIFER, JJ., dissent, would reverse, and would order relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. __________________ Hochman & Roach Co., L.P.A., Gary D. Plunkett and Mark Kalafatas, for appellant. Jim Petro, Attorney General, and Phil Wright Jr., Assistant Attorney General, for appellee. __________________ 1

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