Opinion
No. 97-1098.
Submitted October 12, 1998.
Decided December 30, 1998.
APPEAL from the Court of Appeals for Franklin County, No. 96APD05-666.
Brian Brian and Richard F. Brian, for appellant.
Betty D. Montgomery, Attorney General, and Cordelia A. Glenn, Assistant Attorney General, for appellee Industrial Commission.
Black, McCuskey, Souers Arbaugh and Mary E. Randall, for appellee Republic Engineered Steels, Inc.
The judgment of the court of appeals is reversed, and the cause is returned to the Industrial Commission for further proceedings in compliance with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.
DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
I dissent and would affirm the court of appeals.
MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.