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STATE, EX REL. EATON CORP., v. LANCASTER

Nos. 87-622, 87-1887, 88-205 and 88-1312.

40 Ohio St. 3d 404 (1988)

THE STATE, EX REL. EATON CORPORATION, v. LANCASTER ET AL. (TWO CASES.) THE STATE, EX REL. GCC BEVERAGES, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL. THE STATE, EX REL. FIRESTONE TIRE & RUBBER COMPANY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Willacy & LoPresti and Aubrey B. Willacy, for relator in case Nos. 87-622 and 87-1887.

Arter & Hadden, Louis J. Licata and Douglas M. Bricker, for appellee in case No. 88-205.

Buckingham, Doolittle & Burroughs, John N. Childs and Timothy C. Campbell, for appellee in case No. 88-1312.

Anthony J. Celebrezze, Jr., attorney general, Helen M. Ninos and Merl H. Wayman, for respondents, members of Industrial Commission, and appellant, Industrial Commission, in case Nos. 87-622 and 88-205, respectively; Jeffery W. Clark, Merl H. Wayman and James A. Barnes, for respondents, members of Industrial Commission, in case No. 87-1887; Dennis L. Hufstader, for appellant, Industrial Commission, in case No. 88-1312.

Zwick Law Offices Co., L.P.A., and Victoria Z. Klapp, for claimant in case No. 87-622.

Webster M. Lonas, Jr., for claimant in case No. 87-1887.

Stewart Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, urging denial of the writs in case No. 87-622, for amicus curiae Ohio AFL-CIO.

Vorys, Sater, Seymour & Pease, Russell P. Herrold, Jr., and Robert A. Minor, urging affirmance in case No. 88-205, for amicus curiae Ohio Manufacturers' Association.

Per Curiam.

In each of the cases before us, continued payment of temporary total disability compensation was ordered despite a finding that the claimant's condition had become permanent. The commission concedes that in each case, compensation was continued pursuant to a long-standing commission policy, as contained in a memorandum of October 21, 1987. Specifically, the policy provided that hearing officers, in their discretion, could continue temporary total...

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