STATE EX REL. NAVISTAR INTERNATL. TRANSP. CORP. v. INDUS. COMM.

No. 2005-1483.

110 Ohio St.3d 159 (2006)

2006-Ohio-4089

THE STATE EX REL. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 23, 2006.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Joseph A. Brunetto, and Gina R. Russo, for appellant.

Jim Petro, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellee Industrial Commission.

Robert Bumgarner, for appellee Thomas Clifford.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, and Marc J. Jaffy, urging affirmance for amicus curiae Ohio AFL-CIO.

Philip J. Fulton Law Office, Philip J. Fulton, and William A. Thorman III, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.


Per Curiam.

{¶ 1} When a self-insured employer voluntarily establishes an on-site physical-therapy facility, does State ex rel. Miller v. Indus. Comm. (1994), 71 Ohio St.3d 229, 643 N.E.2d 113, require the Industrial Commission of Ohio to consider the employer's facility-related costs in determining whether a claimant may receive treatment at another physical-therapy facility recommended...

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