State ex rel. Schmieder v. Indus. Comm.

Ohio Supreme Court

State ex rel. Schmieder v. Indus. Comm.

1999 Ohio 276, 85 Ohio St. 3d 389

CourtOhio Supreme Court

DecidedMay 5, 1999

Docket1998-1755

StatusPublished

This text of 1999 Ohio 276 (State ex rel. Schmieder v. Indus. Comm.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Schmieder v. Indus. Comm., 1999 Ohio 276, 85 Ohio St. 3d 389 (Ohio 1999).

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[This opinion has been published in Ohio Official Reports at 85 Ohio St.3d 389.]

THE STATE EX REL. SCHMIEDER, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS. [Cite as State ex rel. Schmieder v. Indus. Comm., 1999-Ohio-276.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 98-1755—Submitted February 23, 1999—Decided May 5, 1999.) APPEAL from the Court of Appeals for Franklin County, No. 97APD05-662. __________________ Fell, Marcus & Koder Co., L.P.A., and George N. Fell II, for appellee. Betty D. Montgomery, Attorney General, and Robert D. Strauss, Assistant Attorney General, for appellant Industrial Commission. Eastman & Smith Ltd., Thomas J. Gibney and Margaret A. Mattimoe, for appellant Daimler Chrysler Corporation. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., DOUGLAS, F.E. SWEENEY and PFEIFER, JJ., concur. RESNICK, J., dissents. COOK, J., dissents. LUNDBERG STRATTON, J., dissents. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals. __________________ SUPREME COURT OF OHIO

COOK, J., dissenting. {¶ 3} Because I would return this cause to the commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245, I respectfully dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 4} I dissent and would reverse the judgment of the court of appeals and reinstate the order of the Industrial Commission. __________________

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[This opinion has been published in Ohio Official Reports at 85 Ohio St.3d 389.]

THE STATE EX REL. SCHMIEDER, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS. [Cite as State ex rel. Schmieder v. Indus. Comm., 1999-Ohio-276.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 98-1755—Submitted February 23, 1999—Decided May 5, 1999.) APPEAL from the Court of Appeals for Franklin County, No. 97APD05-662. __________________ Fell, Marcus & Koder Co., L.P.A., and George N. Fell II, for appellee. Betty D. Montgomery, Attorney General, and Robert D. Strauss, Assistant Attorney General, for appellant Industrial Commission. Eastman & Smith Ltd., Thomas J. Gibney and Margaret A. Mattimoe, for appellant Daimler Chrysler Corporation. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., DOUGLAS, F.E. SWEENEY and PFEIFER, JJ., concur. RESNICK, J., dissents. COOK, J., dissents. LUNDBERG STRATTON, J., dissents. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals. __________________ SUPREME COURT OF OHIO

COOK, J., dissenting. {¶ 3} Because I would return this cause to the commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245, I respectfully dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 4} I dissent and would reverse the judgment of the court of appeals and reinstate the order of the Industrial Commission. __________________

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