State ex rel. Moss v. Industrial Commission

Claimant successfully obtained Gay relief from the court of appeals. That decision, however, was rendered without the benefit of State ex rel. Pass v. C.S.T. Extraction Co. (1995), 74 Ohio St.3d 373, 658 N.E.2d 1055; State ex rel. DeZarn v. Indus. Comm. (1996), 74 Ohio St.3d 461, 659 N.E.2d 1259; and State ex rel. Bryant v. Indus. Comm. (1996), 74 Ohio St.3d 458, 659 N.E.2d 1256. Upon review, we find that those decisions dictate reversal of the judgment rendered below.

Gay relief cannot be considered without a preliminary determination that the requirements in State ex rel. Noll v. Indus.…