STATE EX REL. WITHERSPOON v. INDUS. COMM., Unpublished Decision (3-31-1999)

The State ex rel. Witherspoon, Appellant, v. Industrial Commission of Ohio, Appellee.

No. 98-1272.Supreme Court of Ohio.Submitted February 23, 1999.
Decided March 31, 1999.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Workers’ compensation — Court of appeals’ judgment affirmed.

Appeal from the Court of Appeals for Franklin County, No. 97APD06-861.

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 and Resnick, JJ., dissent.

F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals.

Shapiro, Kendis Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Michael E. George, Assistant Attorney General, for appellee.

Alice Robie Resnick, J., dissenting.

I would reverse the judgment of the court of appeals and order relief pursuant to State ex rel. Noll v. Indus. Comm.
(1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

Douglas, J., concurs in the foregoing dissenting opinion.