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STATE EX REL. UNDERWOOD v. INDUS. COMM.

No. 01-266.

93 Ohio St.3d 249 (2001)

THE STATE EX REL. UNDERWOOD, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided September 26, 2001.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy; Boyd, Rummell, Carach & Kmetz Co., L.P.A., and Randall W. Rummell, for appellant.

Betty D. Montgomery, Attorney General, and Erica L. Armbrust, Assistant Attorney General, for appellee.

Philip J. Fulton & Associates, Philip J. Fulton and Jonathan H. Goodman, for amicus curiae, Ohio Academy of Trial Lawyers in support of appellant.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for amicus curiae, Ohio AFL—CIO in support of appellant.

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.

ALICE ROBIE RESNICK, J., dissenting. I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St...

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