THE STATE EX REL. DAIMLERCHRYSLER CORPORATION, Appellant,
v.
INDUSTRIAL COMMISSION OF OHIO ET AL., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 13, 2009.
Decided March 24, 2009.
Attorney(s) appearing for the Case
Eastman & Smith, Ltd., Thomas J. Gibney, and A. Brooke Phelps, for appellant.
Richard A. Cordray, Attorney General, and Andrew J. Alatis, Assistant Attorney General, for appellee Industrial Commission.
Polofka & Van Berkom and John R. Polofka, for appellee Kathleen E. Moran.
Garvin & Hickey, L.L.C., Preston J. Garvin, and Michael J. Hickey, urging reversal for amicus curiae Ohio Chamber of Commerce.
Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor, urging reversal for amicus curiae Ohio Self-Insurers' Association.
Bricker & Eckler, L.L.P., and Thomas R. Sant, urging reversal for amicus curiae Ohio Chapter of the National Federation of Independent Business.
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 and Philip J. Fulton, urging affirmance for amicus curiae Ohio Association for Justice.
Supreme Court of Ohio.
Per Curiam.
{¶ 1} Appellee Kathleen E. Moran is receiving temporary total disability compensation. All the medical evidence before us indicates that her allowed conditions have not reached maximum medical improvement ("MMI"), which would disqualify her from temporary total disability compensation. But her attending physician has also stated that she can never return to her former position of employment. Moran's employer, DaimlerChrysler...
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