Saenz v. Indus. Comm. , 1993 Ohio 13 ( 1993 )

OPINIONS OF THE SUPREME COURT OF OHIO
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Saenz, Appellee, v. Industrial Commission of Ohio et al.,
Appellants.
[Cite as Saenz v. Indus. Comm. (1993), Ohio St.3d .]
Workers' compensation -- Industrial Commission improperly orders
permanent total disability compensation suspended while
claimant is incarcerated in a federal prison.
(No. 92-1755 -- Submitted November 10, 1993 -- Decided
December 29, 1993.)
Appeal from the Court of Appeals for Lucas County, No.
L-91-251.
Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, for
appellee.
Lee I. Fisher, Attorney General, Diane J. Karpinski and
Cash Mischka, Assistant Attorneys General, for appellants.
The judgment of the court of appeals is affirmed on
authority of State ex rel. Brown v. Indus. Comm. (1993),
Ohio St.3d , N.E.2d .
Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney
and Pfeifer, JJ., concur.
Wright, J., dissents for the reasons stated in his dissent
in State ex rel. Brown v. Indus. Comm. (1993), 68 Ohio St.3d
45, , N.E.2d , .