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STATE EX REL. VANCE v. MARIKIS

Nos. 96-18 and 96-472.

86 Ohio St.3d 305 (1999)

THE STATE EX REL. VANCE, APPELLANT, v. MARIKIS; INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 1, 1999.

Attorney(s) appearing for the Case

Reminger & Reminger Co., L.P.A., and William R. Thomas, for appellant.

Betty D. Montgomery, Attorney General, Dennis L. Hufstader and William A. Thorman III, Assistant Attorneys General, for appellees.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, Ohio AFL-CIO.

Scott, Scriven & Wahoff, William J. Wahoff, Richard Goldberg and Timothy E. Cowan, urging affirmance for amicus curiae, Ohio Council of Retail Merchants.

Bricker & Eckler and Charles D. Smith, urging affirmance 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 affirmance for amici curiae, Ohio Manufacturers' Association and Ohio Self-Insurers' Association.

Millisor & Nobil and Preston J. Garvin, urging affirmance for amicus curiae, Ohio Chamber of Commerce.

Per Curiam.

Two issues are presented: (1) Does "some evidence" support TTD termination? and (2) What is the proper date of termination? As to the former, we find that Dr. Purewal's report is "some evidence." Claimant attacks the report, asserting that it was invalidated by the later allowance of "thoracic sprain and myofascial pain syndrome." Dr. Purewal, however, examined claimant's entire back, including the thoracic region, and commented on...

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