STATE EX REL. PEPSI-COLA BOTTLING CO. v. MORSE

No. 93-2350.

72 Ohio St.3d 210 (1995)

THE STATE EX REL. PEPSI-COLA BOTTLING COMPANY, APPELLANT, v. MORSE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 17, 1995.


Attorney(s) appearing for the Case

Duvin, Cahn, Barnard & Messerman and Jane P. Wilson, for appellant.

Sammon & Bolmeyer Co., L.P.A. and Albert Sammon, for appellee Morse.

Betty D. Montgomery, Attorney General, and Charles Zamora, Assistant Attorney General, for appellee Industrial Commission.

Thompson, Hine & Flory, Janis B. Rosenthal and Timothy E. Cowans, urging reversal for amicus curiae, Ohio Council of Retail Merchants.


Per Curiam.

Both procedural and substantive challenges have been made to the commission's order. Sustaining these objections in part, we reverse the appellate court's judgment.

I

Questioning Pepsi's ability to maintain this cause of action, claimant points out that Pepsi did not appeal the June 14, 1989 order that first awarded wage-loss compensation. Advancing a theory that combines elements of res judicata with failure to exhaust...

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