Opinion
No. 97-506
Submitted October 27, 1998
Decided January 20, 1999.
APPEAL from the Court of Appeals for Franklin County, No. 96APD05-613.
Shapiro, Kendis Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.
Betty D. Montgomery, Attorney General, and Jonathan A. Good, Assistant Attorney General, for appellee.
The judgment of the court of appeals is reversed. The Industrial Commission is ordered to permit relator Deborah Plonski to proceed with a delayed appeal, since there was evidence in the Bureau of Workers' Compensation file prior to the hearing of relator's change of address.
DOUGLAS, RESNICK F.E. SWEENEY and PFEIFER JJ., concur.
MOYER, C.J., dissents.
COOK and LUNDBERG STRATTON JJ., dissent.
I dissent and would affirm the judgment of the court of appeals.
COOK, J., concurs in the foregoing dissenting opinion.