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STATE EX REL. MOSS v. OHIO STATE HWY. PATROL RETIREMENT SYS.

No. 2002-0750.

97 Ohio St.3d 198 (2002)

2002-Ohio-5806

THE STATE EX REL. MOSS, APPELLEE, v. OHIO STATE HIGHWAY PATROL RETIREMENT SYSTEM ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 6, 2002.

Attorney(s) appearing for the Case

Fusco, Mackey, Mathews, Smith & Watkins, L.L.P., and Michael J. Fusco, for appellee.

Betty D. Montgomery, Attorney General, and Cheryl D. Pokorny, Assistant Attorney General, for appellants.

Per Curiam.

{¶ 1} Beginning in December 1981, the Ohio State Highway Patrol employed appellee, Karl L. Moss, as a state trooper for over 17 years. In July 1999, Moss began approved medical leave from employment. During that time, Moss received his first weekly session of psychotherapy from a psychologist, who diagnosed him as suffering from major depression.

{¶ 2} On September 20, 1999, Moss applied to appellant Ohio State Highway Patrol...

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