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STATE EX REL. SEARS LOGISTICS SERV., INC. v. COPE

No. 98-2674.

89 Ohio St.3d 393 (2000)

THE STATE EX REL. SEARS LOGISTICS SERVICES, INC., APPELLEE, v. COPE, APPELLANT; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided August 9, 2000.

Attorney(s) appearing for the Case

Barkan & Neff and Robert E. DeRose, for appellant.

Roetzel & Andress, Douglas E. Spiker and Noel C. Shepard, for appellee Sears Logistics Services, Inc.

Per Curiam.

The commission rejected Dr. Ray's initial report because it did not take RSD into account even though Dr. Urse had represented that the diagnosis of RSD no longer applied. The order does not mention it, but the commission was apparently relying on the fact that Dr. Urse had continued to certify Cope's TTD based on two conditions. Specifically, in a series of forms, Dr. Urse had represented that Cope was temporarily and totally disabled...

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