STATE EX REL. DAVID'S CEMETERY v. INDUS. COMM.

No. 00-1205.

92 Ohio St.3d 498 (2001)

THE STATE EX REL. DAVID'S CEMETERY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 15, 2001.


Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling, David C. Korte and Michelle D. Bach, for appellant.

Betty D. Montgomery, Attorney General, and Stephen D. Plymale, Assistant Attorney General, for appellee Industrial Commission.

Hochman & Roach Co., L.P.A., Gary D. Plunkett and Roger A. Lee, for appellee Byrge.


Per Curiam.

On June 5, 1997, appellee-claimant, Larry D. Byrge, sustained an injury in the course of and arising from his employment with appellant David's Cemetery. Five days later, Dr. Krisell D. Fedrizzi diagnosed an incisional ventral hernia. In office notes of the same date, she advised claimant to "avoid any heavy lifting and forceful pushing/pulling [until] hernia repaired." Those restrictions were repeated in a July 18, 1997 attending physician...

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