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STATE EX REL. KROGER CO. v. INDUS. COMM.

No. 95-2081.

82 Ohio St.3d 231 (1998)

THE STATE EX REL. KROGER COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Charles J. Kurtz III and Karl J. Sutter, for appellant.

Betty D. Montgomery, Attorney General, and Steven P. Fixler, Assistant Attorney General, for appellee Industrial Commission.

Brown, Lippert, Heile & Evans and James W. Lippert, for appellee claimant.

Per Curiam.

Kroger challenges the commission's award of PTD compensation as unsupported by "some evidence," and as deficient under State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. We disagree.

Contrary to Kroger's proposition, there is "some evidence" that the allowed conditions on which the commission relied in assessing PTD are indeed permanent. Dr. Weaver...

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