STATE EX REL. v. UNGER

No. 2004-0290.

104 Ohio St.3d 299 (2004)

2004-Ohio-6556

THE STATE EX REL. DAYTON FOODS LIMITED PARTNERSHIP, APPELLANT, v. UNGER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 15, 2004.


Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling, David C. Korte, Michelle D. Bach, and Salvatore A. Gilene, Dayton, for appellant.

Jim Petro, Attorney General, and Erica L. Bass, Assistant Attorney General, for appellee Industrial Commission.

Casper & Casper and Megan Richards, Middletown, for appellee Joseph Unger.


Per Curiam.

{¶ 1} Appellee-claimant, Joseph Unger, was the bakery manager for a store owned by appellant, Dayton Foods Limited Partnership, a self-insured employer. He was hurt on June 7, 2000, when a cabinet weighing over 100 pounds fell on him. Dayton Foods unsuccessfully contested the resulting workers' compensation claim, which was ultimately allowed for "left shoulder/arm sprain, left shoulder AC arthralgia with evidence of rotator cuff tendonitis...

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