STATE EX REL. LTV STEEL CO. v. INDUS. COMM.

No. 97-208.

85 Ohio St.3d 75 (1999)

THE STATE EX REL. LTV STEEL COMPANY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; GRECU, APPELLANT.

Supreme Court of Ohio.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Willacy, LoPresti & Marcovy, Aubrey B. Willacy and M. Scott Young, for appellee.

Lonas & McGonegal and Terrance J. McGonegal, for appellant.


PFEIFER, J.

Because the reports filed by Dr. Kang should have been considered signed, the court of appeals erred below. Dr. Kang's reports could constitute some evidence upon which the commission could base its order. However, we agree with the magistrate below that the cause should be returned to the commission to determine the voluntariness of claimant's retirement.

The appellate court based its decision on several cases that dealt with reports...

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