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STATE EX REL. UPTON v. COMM.

No. 2007-1467.

119 Ohio St.3d 461 (2008)

2008-Ohio-4758

[THE STATE EX REL.] UPTON, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE; CROWN BATTERY, APPELLANT.

Supreme Court of Ohio.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., and Martha J. Wilson, for appellee.

Eastman & Smith Ltd., James B. Yates, and Mark A. Shaw, for appellant.

Per Curiam.

{¶ 1} At issue is appellee Robert W. Upton Jr.'s eligibility for temporary total disability compensation. Upton was a truck driver for appellant, Crown Battery. Between March 5, 2003, and September 26, 2005, Upton was involved in five motor-vehicle accidents while operating a Crown Battery vehicle. The fifth accident seriously damaged the truck, destroyed the cargo, and resulted in a hazardous-waste spill. Upton was cited...

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