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BAILEY v. REPUBLIC ENGINEERED STEELS INC.

Nos. 99-2174 and 99-2296.

91 Ohio St.3d 38 (2001)

BAILEY, APPELLEE, v. REPUBLIC ENGINEERED STEELS, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Brian & Brian, Steven J. Brian, Richard F. Brian and Brian R. Mertes, for appellee.

Black, McCuskey, Souers & Arbaugh, Mary E. Randall, Edward C. Redder and John L. Juergensen, for appellant Republic Engineered Steels, Inc.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellant Administrator, Bureau of Workers' Compensation.

Reminger & Reminger Co., L.P.A., Paulette M. Ivan, Ronald A. Fresco and William R. Thomas, urging reversal for amici curiae Yellow Freight Systems, Inc., Landair/Forward Air Services, and Johnson Controls, Inc.

Vorys, Sater, Seymour & Pease, Robert A. Minor and Robin R. Obetz, urging reversal for amici curiae Ohio Manufacturers' Association and Ohio Self-Insurers' Association.

Philip J. Fulton & Associates, Philip J. Fulton, William A. Thorman III and Jonathan H. Goodman, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amici curiae Ohio AFL-CIO and Ohio Psychological Association.

FRANCIS E. SWEENEY, SR., J.

According to the complaint, on May 15, 1996, Leonard J. Bailey, appellee, an employee of appellant Republic Engineered Steels, Inc. ("Republic"), was operating a tow motor when he accidentally ran over and killed a coworker. As a result of the accident, appellee received treatment for severe depression. Appellee filed an application with the Bureau of Workers' Compensation, appellant, seeking compensation for his depression...

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