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STATE, EX REL. RAMIREZ v. INDUS. COMM.

No. 81-908.

69 Ohio St. 2d 630 (1982)

THE STATE, EX REL. RAMIREZ, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 9, 1982.

Attorney(s) appearing for the Case

Clayman & Jaffy Co., L.P.A., Mr. Stewart R. Jaffy and Mr. John F. Livorno, for appellee.

Mr. William J. Brown, attorney general, Mr. Michael J. Hickey and Ms. Nancy J. Miller, for appellants.

CLIFFORD F. BROWN, J.

This case raises the following question. Is temporary total disability as used in R. C. 4123.56 a disability which prevents a worker from returning to his former position of employment? The answer is affirmative, for the following reasons.

The pertinent portions of R. C. 4123.56, temporary disability compensation, provide as follows:

"In the case of temporary disability, an employee shall receive sixty-six and two-thirds per cent...

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