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STATE EX REL. PLONSKI v. KIMBERLY QUALITY CARE

No. 97-506.

84 Ohio St.3d 363 (1999)

THE STATE EX REL. PLONSKI, APPELLANT, v. KIMBERLY QUALITY CARE ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Jonathan A. Good, Assistant Attorney General, for appellee.

The judgment of the court of appeals is reversed. The Industrial Commission is ordered to permit relator Deborah Plonski to proceed with a delayed appeal, since there was evidence in the Bureau of Workers' Compensation file prior to the hearing of relator's change of address.

DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., dissents.

COOK and LUNDBERG STRATTON, JJ., dissent.

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