State ex rel. Peabody Coal Company v. Industrial Commission

44 Ohio St. 3d 104 | Ohio | 1989

Lead Opinion

Per Curiam.

We hereby grant appellee’s motion for rehearing. Upon reconsideration, we hereby grant appellee’s request for reimbursement from the statutory Surplus Fund for all monies paid subsequent to the commission’s order finding that claimant’s condition had become permanent.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Concurrence Opinion

Douglas, J.,

concurring. I am pleased to see the majority now adopt the position set forth in my concurrence (joined in by Justice Sweeney) in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St. 3d 404, 416-417, 534 N.E. 2d 46, 58.

Sweeney, J., concurs in the foregoing concurring opinion.