STATE EX REL. YELLOW FREIGHT SYS., INC. v. INDUS. COMM.

No. 93-1955.

71 Ohio St.3d 139 (1994)

THE STATE EX REL. YELLOW FREIGHT SYSTEM, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 14, 1994.


Attorney(s) appearing for the Case

Buckingham, Doolittle & Burroughs and Deborah Sesek, for appellant.

Lee Fisher, Attorney General, Michael P. O'Grady and William J. McDonald, Assistant Attorneys General, for appellee.


Per Curiam.

Yellow Freight does not contest claimant's entitlement to permanent total disability compensation, objecting instead to the commission's decision to allocate the entire cost of the award to the Yellow Freight claim. We find Yellow Freight's arguments to be persuasive and accordingly reverse the judgment of the court below.

The commission argues that Dr. Smith's report and the preponderance...

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