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STATE EX REL. McCOY v. DEDICATED TRANSPORT INC.

Nos. 2001-0232 and 2001-0406.

97 Ohio St.3d 25 (2002)

2002-Ohio-5305

THE STATE EX REL. McCOY, APPELLANT, v. DEDICATED TRANSPORT, INC. ET AL., APPELLEES. THE STATE EX REL. BRANDGARD, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Larrimer & Larrimer and David H. Swanson, for appellant in case No. 2001-0232.

Dinsmore & Shohl, L.L.P., and Michael L. Squillace, for appellee Dedicated Transport, Inc., in case No. 2001-0232.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission in case No. 2001-0232.

Gregg A. Austin and Jeffrey A. Kolt, for appellant in case No. 2001-0406.

Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellee in case No. 2001-0406.

ALICE ROBIE RESNICK, J.

{¶ 1} These two workers' compensation appeals have been consolidated for purposes of review because they arise from analogous facts and present a common legal issue.

Case No. 2001-0232

{¶ 2} On March 3, 1998, claimant-appellant, Lester McCoy, received an injury in the course of and arising from his employment as a truck driver with appellee Dedicated...

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