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STATE EX REL. KROGER CO. v. INDUS. COMM.

No. 95-881.

80 Ohio St.3d 649 (1998)

THE STATE EX REL. KROGER COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Karl J. Sutter and Charles J. Kurtz III, for appellant.

Betty D. Montgomery, Attorney General, and Melanie Cornelius, Assistant Attorney General, for appellee Industrial Commission.

Susco & Associates Co., L.P.A., and Michael E. Susco, for appellee Denise Dobbins.

ALICE ROBIE RESNICK, J.

The issue presented is whether the commission abused its discretion in awarding claimant TTD compensation for the period from November 21, 1989 to February 21, 1991. Kroger's primary contention is that res judicata applies to prevent claimant from relitigating the issue of TTD compensation for periods preceding February 22, 1991. Kroger argues that this "same issue was previously heard [and] decided adversely to the Claimant...

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