State ex rel. Bender v. Lintern Corp.

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[Cite as State ex rel. Bender v. Lintern Corp., 98 Ohio St.3d 390, 2003-Ohio-1489.] THE STATE EX REL. BENDER, APPELLANT, v. LINTERN CORPORATION ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Bender v. Lintern Corp., 98 Ohio St.3d 390, 2003-Ohio1489.] Workers compensation Court of appeals judgment affirmed. (No. 2002-0962 Submitted February 25, 2003 Decided April 9, 2003.) APPEAL from the Court of Appeals for Franklin County, No. 01AP-901. __________________ {ΒΆ1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., RESNICK, COOK, LUNDBERG STRATTON and O CONNOR, JJ., concur. F.E. SWEENEY and PFEIFER, JJ., dissent and would reverse and order relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. __________________ Green, Haines, Sgambati Co., L.P.A., Ronald E. Slipski and Shawn Scharf, for appellant. Jim Petro, Attorney General, and Phil Wright Jr., Assistant Attorney General, for appellee. __________________ 1

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