State ex rel. Clemons v. Industrial Commission (83 Ohio St. 3d 348, 1998)

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St 3d 315, 626 N.E.2d 666.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.

Lundberg Stratton, J.,

dissenting. I would reverse the judgment of the court of appeals and issue a limited writ to return the cause to the Industrial Commission for further consideration consistent with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion.