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STATE EX REL. GREEN v. OHIO DEPT. OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

No. 2001-1168.

97 Ohio St.3d 260 (2002)

2002-Ohio-6340

THE STATE EX REL. GREEN, APPELLANT, v. OHIO DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 4, 2002.

Attorney(s) appearing for the Case

Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak, for appellant.

Lee M. Smith & Associates Co., L.P.A., Kyle D. Martin and Lee M. Smith, for appellee Ohio Department of Mental Retardation and Developmental Disabilities.

Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellee Industrial Commission.

Philip J. Fulton & Associates, Philip J. Fulton and William A. Thorman III, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Per Curiam.

{¶ 1} Appellant-claimant Brittina M. Green has osteomyelitis of the left thumb due to an industrial injury. In 1996, she sought a scheduled loss award under R.C. 4123.57(B), claiming total loss of use of the left thumb. The evidence was in conflict. Drs. Richard M. Ward and M.C. Shah both found total loss of use, although Dr. Ward found some active range of motion at the interphalangeal joint. In contrast, Dr. James H. Rutherford declared...

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