WILLITZER v. McCLOUD

No. 82-1020.

6 Ohio St. 3d 447 (1983)

WILLITZER ET AL., APPELLEES, v. MCCLOUD ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 7, 1983.


Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., Mr. Jack Gallon and Ms. Tobie Braverman, for appellees.

Messrs. Graham, Dutro & Nemeth, Mr. James L. Graham, Messrs. Eastman & Smith and Mr. James F. Nooney, for appellant McCloud.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. James E. Davidson and Mr. Douglas M. Kennedy, for appellant Industrial Commission.

Messrs. Porter, Wright, Morris & Arthur, Mr. James E. Pohlman and Mr. Michael J. Rourke, urging reversal for amicus curiae, Ohio State Medical Assn.

Mr. Paul T. Key, urging reversal for amicus curiae, Ohio Psychological Assn., Inc.


J. P. CELEBREZZE, J.

The issue presented here is whether an independent physician examining workers' compensation claimants, at the request of the Industrial Commission for the purpose of reporting their medical conditions, is absolutely immune from a civil suit based on his examinations.

In arguing for absolute immunity from civil suit, Dr. McCloud claims that his function of examining the claimants and filing medical reports is that of a witness furnishing...

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