State ex rel. Ohio State Univ. v. Indus. Comm.

2001 Ohio 1596, 93 Ohio St. 3d 496

Opinion

[This decision has been published in Ohio Official Reports at 93 Ohio St.3d 496.]

THE STATE EX REL. OHIO STATE UNIVERSITY, APPELLEE AND CROSS- APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS- APPELLEE; WOOTON, APPELLANT AND CROSS-APPELLEE. [Cite as State ex rel. Ohio State Univ. v. Indus. Comm., 2001-Ohio-1596.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 01-482—Submitted September 18, 2001—Decided October 31, 2001.) APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 00AP-629. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., dissent. PFEIFER, J., dissents. __________________ DOUGLAS, J., dissenting. {¶ 2} I respectfully dissent. I would reverse the judgment of the court of appeals and let stand the decision of the commission, which granted compensation for permanent total disability. RESNICK, J., concurs in the foregoing dissenting opinion. __________________ Betty D. Montgomery, Attorney General; Dinsmore & Shohl, L.L.P., and Michael L. Squillace, Special Counsel, for appellee and cross-appellant. Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, for appellee Industrial Commission. Philip J. Fulton & Associates and William A. Thorman III, for appellant and cross-appellee. __________________