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THE STATE, EX REL. EATON CORPORATION, v. LANCASTER ET AL. (TWO CASES.) THE STATE, EX REL. GCC BEVERAGES, INC., APPELLEE,

Workers' compensation — Rehearing granted — Employer entitled to reimbursement from Surplus Fund under R.C. 4123.515, when — Temporary total compensation paid subsequent to permanency finding.

Per Curiam.

On authority of State, ex rel. Peabody Coal Co., v. Indus. Comm. (1989), 44 Ohio St.3d 104, 541 N.E.2d 74, we hereby grant Surplus Fund reimbursement in case Nos. 87-622, 87-1887, 88-205 and 88-1312 for all amounts of temporary total compensation paid to the claimants herein subsequent to the respective findings of permanency.

Judgment accordingly.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.

DOUGLAS, J., concurring.

I am pleased to see the majority of the court reverse itself and adopt the position set forth in my concurrence (joined in by Justice Sweeney) in the original decision in these cases as reported in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St.3d 404, 416-417, 534 N.E.2d 46, 58. Obviously, I concur in the majority opinion.

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

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STATE, EX REL. EATON CORP., v. LANCASTER
(Jul 12, 1989)