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PHELPS v. POSITIVE ACTION TOOL CO.

No. 85-872.

26 Ohio St. 3d 142 (1986)

PHELPS, APPELLEE, v. POSITIVE ACTION TOOL COMPANY; MAYFIELD, ADMR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 25, 1986.

Attorney(s) appearing for the Case

M. Blake Stone and Robert N. Gluck, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Janet E. Jackson and Richard C. Slavin, for appellants.

WRIGHT, J.

Although appellants raise several issues on appeal,1 we decide this appeal on the narrow issue of whether Phelps was so intoxicated, as shown by the evidence, that the court can say, as a matter of law, that the injury arose out of his drunken condition and not out of his employment.2

Unlike workers' compensation legislation in other states, the Ohio Workers' Compensation Act does not make...

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