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STATE EX REL. ROADWAY EXPRESS v. INDUS. COMM.

No. 95-964.

82 Ohio St.3d 510 (1998)

THE STATE EX REL. ROADWAY EXPRESS, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided August 5, 1998.

Attorney(s) appearing for the Case

Taft, Stettinius & Hollister and Charles M. Stephan, for appellee.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellant.

Per Curiam.

Two issues are presented for our review: (1) Did the commission abuse its discretion in continuing Getz's TTD from August 29, 1986 until October 10, 1990? and (2) Is Roadway entitled to reimbursement from the Surplus Fund under former R.C. 4123.515 and 4123.519? For the reasons that follow, we hold that the commission's April 25, 1988 TTD award is invalid and that Roadway must be reimbursed. Accordingly, we affirm.

Abuse...

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