STATE EX REL. HILLSIDE DAIRY CO. v. CONRAD

No. 97-1791.

84 Ohio St.3d 314 (1999)

THE STATE EX REL. HILLSIDE DAIRY COMPANY v. CONRAD, ADMINISTRATOR, ET AL.

Supreme Court of Ohio.

Decided January 13, 1999.


Attorney(s) appearing for the Case

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

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for respondents Administrator, Bureau of Workers' Compensation, and Industrial Commission.

Sonkin, Fromson, Kess & Koberna Co., L.P.A., and Jeffrey M. Sonkin, for respondent McKenney.


Per Curiam.

Contrary to relator's representation, there is "some evidence" that claimant's temporary total disability from September 12, 1989 through March 8, 1992 was caused by the claim's allowed conditions alone. Dr. William Kay's March 24, 1997 report specifically attributed claimant's temporary total disability solely to claimant's allowed conditions. Recoupment of this payment is, therefore, a moot question.

No one contests relator...

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