STATE EX REL. WHITE INDUS. v. INDUS. COMM.

No. 88-1210.

48 Ohio St. 3d 17 (1990)

THE STATE, EX REL. WHITE CONSOLIDATED INDUSTRIES, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 10, 1990.


Attorney(s) appearing for the Case

Baran, Piper, Tarkowsky & Fitzgerald Co., L.P.A., John Tarkowsky and Kevin J. Reis, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and James A. Barnes, for appellant Industrial Commission.

William R. Hamelberg, for appellant Peterson.

Squire, Sanders & Dempsey, Preston J. Garvin, William J. Wahoff and Helen Mac Murray, urguing affirmance for amicus curiae, Ohio Chamber of Commerce.


Per Curiam.

We begin by noting that the appellate court's opinion was issued prior to our decision in State, ex rel. Rockwell Internatl., v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678. There, we specifically rejected the characterization of "voluntary retirement" presented below, holding instead that:

"When a claimant's retirement is causally related to an industrial injury, the retirement...

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