State ex rel. Wanzer v. Indus. Comm.

1998 Ohio 57, 83 Ohio St. 3d 391

Opinion

[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 391.]

THE STATE EX REL. WANZER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Wanzer v. Indus. Comm., 1998-Ohio-57.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-2232—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD12-1777. __________________ Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant. __________________ {¶ 1} 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, RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________