STATE EX REL. BOWIE v. GCRTA

No. 94-1208.

75 Ohio St.3d 458 (1996)

THE STATE EX REL. BOWIE, APPELLANT, v. GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 15, 1996.


Attorney(s) appearing for the Case

Seaman & Associates Co., L.P.A., and Michael I. Madden, for appellant.

Betty D. Montgomery, Attorney General, and Jetta Mencer, Assistant Attorney General, for appellee Industrial Commission.

Edward J. Opett, for appellee Greater Cleveland Regional Transit Authority.


Per Curiam.

We are asked to evaluate the commission's order for "some evidence" in support of its decision. Upon review, we find it necessary to return the cause to the commission for further consideration and amended order.

This controversy centers around Dr. Katz's report, which was prepared after the claimed period of disability had ended. Claimant asserts that a report which post-dates the period of disability can never constitute "some evidence...

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