THE STATE EX REL. RUSSELL
v.
INDUSTRIAL COMMISSION OF OHIO ET AL.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 24, 1998.
Decided August 5, 1998.
Attorney(s) appearing for the Case
Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for relator.
Maureen O'Connor, Summit County Prosecuting Attorney, and James W. Armstrong, Assistant Prosecuting Attorney, for respondents Coventry Township Trustees.
Betty D. Montgomery, Attorney General, Dennis L. Hufstader and William A. Thorman III, Assistant Attorneys General, for respondents Industrial Commission and Bureau of Workers' Compensation.
Scott, Scriven & Wahoff, William J. Wahoff, Richard Goldberg and Timothy E. Cowans, urging denial of the writs for amicus curiae, Ohio Council of Retail Merchants.
Bricker & Eckler, Charles D. Smith and Elizabeth A. Preston, urging denial of the writs for amici curiae, Ohio Chapter of the National Federation of Independent Business and Ohio Farm Bureau Federation.
Vorys, Sater, Seymour & Pease, Robert A. Minor and Robin R. Obetz, urging denial of the writs for amici curiae, Ohio Manufacturers' Association and Ohio Self-Insurers' Association.
Millisor & Nobil and Preston J. Garvin, urging denial of the writs for amicus curiae, Ohio Chamber of Commerce.
Squire, Sanders & Dempsey, Steven M. Loewengart and Michael Soto, urging denial of the writs for amicus curiae, Council of Smaller Enterprises.
Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging issuance of the writs for amicus curiae, Ohio AFL-CIO.
Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, urging issuance of the writs for amicus curiae, Ohio Academy of Trial Lawyers.
Supreme Court of Ohio.
ALICE ROBIE RESNICK, J.
At issue is Resolution R95-1-02, adopted by the commission on February 9, 1995 and applied in this case, which directs commission hearing officers to terminate TTD compensation as of the date MMI was diagnosed by the nonattending physician, and to declare an overpayment for any compensation paid subsequent to that date. For the reasons that follow, this resolution cannot stand. We hold that the appropriate date on which to terminate disputed...
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