THE STATE EX REL. TOLEDO HOSPITAL, APPELLEE, v. ADMR., OHIO BUREAU OF
WORKERS’ COMPENSATION, ET AL., APPELLEES; KANARY, APPELLANT.
[Cite as State ex rel. Toledo Hosp. v. Ohio Bur. of Workers’ Comp. (1998), ___
Ohio St.3d ___.]
Workers’ compensation – Court of appeals’ judgment reversed and order of
Industrial Commission reinstated.
(No. 96-1656 – Submitted October 27, 1998 – Decided December 30, 1998.)
APPEAL from the Court of Appeals for Franklin County, No. 95APD04-424.
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Marshall & Melhorn and David L. O’Connell, for appellee Toledo Hospital.
Betty D. Montgomery, Attorney General, and Reeve W. Kelsey, Assistant
Attorney General, for appellees Adminstrator, Bureau of Workers’ Compensation,
and Industrial Commission.
Dorothy B. McCrory & Associates, Christopher S. Clark and Kurt M.
Young, for appellant John E. Kanary.
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The judgment of the court of appeals is reversed, and the order of the
Industrial Commission is reinstated.
DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
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LUNDBERG STRATTON, J., dissenting. Because I would affirm the
judgment of the court of appeals, I respectfully dissent.
MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.