STATE EX REL. DAYTON WALTHER CORP. v. INDUS. COMM., 83 Ohio St.3d 120 (1998)

698 N.E.2d 985

THE STATE EX REL. DAYTON WALTHER CORPORATION, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO; GRIMES, APPELLEE.

No. 96-2380Supreme Court of Ohio.Submitted July 8, 1998.
Decided September 16, 1998.

APPEAL from the Court of Appeals for Franklin County, No. 95APD08-1019.

Dunlevey, Mahan Furry, L.P.A., Gary W. Auman, William H. Barney III and William P. Allen, for appellant.

E.S. Gallon Associates and Richard M. Malone, for appellee.

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

MOYER, C.J., RESNICK, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS and F.E. SWEENEY, JJ., concur in part and dissent in part.

Page 121

DOUGLAS, J., concurring in part and dissenting in part.

I would affirm, in part, the judgment of the court of appeals and reverse, in part, the judgment of the court of appeals. In so doing, I would reinstate the order of the commission.

F.E. SWEENEY, J., concurs in the foregoing opinion.