STATE EX REL. v. INDUS. COMM.

No. 2006-1414.

115 Ohio St.3d 224 (2007)

2007-Ohio-4920

THE STATE EX REL. ELLIS SUPER VALU, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 27, 2007.


Attorney(s) appearing for the Case

Beirne & Wirthlin Co., L.P.A., Michael J. Schutte, and J. Stephen Wirthlin, for appellant.

Casper & Casper and Douglas W. Casper, for appellee Susan B. Hudgel.

Marc Dann, Attorney General, and Eric C. Harrell and Sue A. Wetzel, Assistant Attorneys General, for appellee Industrial Commission.


Per Curiam.

{¶ 1} No one disputes appellee Susan B. Hudgel's inability to return to her former position of employment. Her employer, appellant Ellis Super Valu, Inc. ("ESV"), offered her a light-duty position consistent with her medical restrictions, but Hudgel declined because the position required her to work evenings. We must determine whether her refusal bars temporary total disability...

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