State ex rel. McCallister v. Indus. Comm.

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[Cite as State ex rel. McCallister v. Indus. Comm., 105 Ohio St.3d. 196, 2005-Ohio-1145.] THE STATE EX REL. MCCALLISTER, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANTS; BEACH COMPANY, APPELLEE. [Cite as State ex rel. McCallister v. Indus. Comm., 105 Ohio St.3d 196, 2005-Ohio-1145.] Workers' compensation Retroactive payment of statutory PTD compensation Court of appeals judgment reversed and order of Industrial Commission reinstated. (No. 2004-1413 Submitted March 2, 2005 Decided March 30, 2005.) APPEAL from the Court of Appeals for Franklin County, No. 03AP-719, 2004-Ohio-3728. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of State ex rel. Adams v. Aluchem, Inc., 104 Ohio St.3d 640, 2004-Ohio-6891, 821 N.E.2d 547, and the order of the Industrial Commission is reinstated. MOYER, C.J., LUNDBERG STRATTON, O CONNOR, O DONNELL and LANZINGER, JJ., concur. RESNICK and PFEIFER, JJ., dissent. __________________ Steve C. Carr, for appellee Martin McCallister. Jim Petro, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellant, Industrial Commission. _____________________ 1

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