STATE, EX REL. GEN. AMERICAN, v. INDUS. COMM.

No. 88-1211.

48 Ohio St. 3d 25 (1990)

THE STATE, EX REL. GENERAL AMERICAN TRANSPORTATION CORP., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; FERRY, APPELLANT.

Supreme Court of Ohio.

Decided January 10, 1990.


Attorney(s) appearing for the Case

Dennis C. Belli and David P. Rieser, for appellee.

Larrimer & Larrimer and Craig Aalyson, for appellant.


Per Curiam.

Temporary total disability exists when a claimant's allowed conditions cause a disability that prevents a return to the former position of employment. State, ex rel. Ramirez, v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O. 2d 518, 433 N.E.2d 586. Appellee essentially proposes two reasons why retirement negates temporary total compensation eligibility: (1) retirement is tantamount to a...

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