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STATE EX REL. BUTLER v. INDUS. COMM.

No. 98-2086.

86 Ohio St.3d 381 (1999)

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

Supreme Court of Ohio.

Decided September 8, 1999.

Attorney(s) appearing for the Case

Lester S. Potash and Martha H. Krebs, for appellant.

Betty D. Montgomery, Attorney General, and Fedele DeSantis, Assistant Attorney General, for appellee Industrial Commission.

Kelly E. Drushel, for appellee SIFCO Industries, Inc.

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

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

MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

I dissent and would affirm the judgment...

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