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MTD PRODUCTS, INC. v. ROBATIN

No. 90-1236.

61 Ohio St.3d 66 (1991)

MTD PRODUCTS, INC., APPELLANT, v. ROBATIN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Robert C. Ochs and Frank E. Gafney, for appellant.

Donald E. Lampert, Shapiro, Kendis & Assoc. Co., L.P.A., Alan J. Shapiro and Eric P. Allen, for appellee Edward Robatin.

Lee I. Fisher, Attorney General, Dennis L. Hufstader and Steven L. Sterner, for appellees Administrator and Industrial Commission.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J.Jaffy, urging affirmance for amicus curiae, Ohio AFL-CIO.

HERBERT R. BROWN, J.

The sole issue before us is whether Robatin's injury was received "in the course of, and arising out of," his employment, thus allowing him to participate in workers' compensation pursuant to R.C. Chapter 4123. For the following reasons we hold that Robatin is not entitled to workers' compensation benefits and overrule Littlefield v. Pillsbury Co. (1983), 6 Ohio St.3d 389...

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