State ex rel. Dunn v. Indus. Comm.

2002 Ohio 5933, 97 Ohio St. 3d 215

Opinion

[This decision has been published in Ohio Official Reports at 97 Ohio St.3d 215.]

THE STATE EX REL. DUNN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL. [Cite as State ex rel. Dunn v. Indus. Comm., 2002-Ohio-5933.] Motion for reconsideration granted—Judgment reversed and cause returned for relief consistent with State ex rel. Noll. (No. 2001-2159—Submitted September 24, 2002—Decided November 13, 2002.) APPEAL from the Court of Appeals for Franklin County, No. 01AP-241. ON MOTION for Reconsideration. __________________ {¶1} The motion for reconsideration of the judgment of August 21, 2002, found at 96 Ohio St.3d 191, 2002-Ohio-3955, 772 N.E.2d 1184, is granted. {¶2} The judgment of the court of appeals is reversed, and the cause is returned to the Industrial Commission for relief consistent with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. MOYER, C.J., and LUNDBERG STRATTON, J., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶3} I respectfully dissent. I would affirm the judgment of the court of appeals. MOYER, C.J., concurs in the foregoing dissenting opinion. __________________ Harris & Burgin, L.P.A., Lester J. Burgin and Andrea L. Burns, for appellant. Betty D. Montgomery, Attorney General, and Erica L. Bass, Assistant Attorney General, for appellee. SUPREME COURT OF OHIO

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