STATE EX REL. CONRAD v. INDUS. COMM.

No. 98-1387.

88 Ohio St.3d 413 (2000)

THE STATE EX REL. CONRAD, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; KROGER COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided May 17, 2000.


Attorney(s) appearing for the Case

Huntley & Huntley and Jeffrey L. Huntley, for appellee.

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


Per Curiam.

Two issues are raised: (1) is Rutherford's report "some evidence" supporting denial of surgical payment? and (2) if not, is a return for further consideration warranted? For the reasons to follow, we answer both questions in the negative.

Dr. Rutherford examined claimant in October 1994. Claimant's condition, at that time, was unchanged from 1992. Although still having back pain, she could do light housework and had modified...

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