STATE EX REL. GIBSON v. INDUS. COMM.

No. 2008-1376.

123 Ohio St.3d 92 (2009)

2009-Ohio-4148

THE STATE EX REL. GIBSON, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees.

Supreme Court of Ohio.

Decided August 25, 2009.


Attorney(s) appearing for the Case

Portman, Foley & Flint and Christopher A. Flint, for appellant.

Richard Cordray, Attorney General, and William R. Creedon, Assistant Attorney General, for appellee Industrial Commission.

Fry, Waller & McCann and Derek L. Graham, for appellee C.W. DeMary Service, Inc.


Per Curiam.

{¶ 1} At issue is appellant Douglas Gibson's request for temporary total disability compensation. Gibson had a history of lumbar problems before spraining his lower back at work on July 24, 2005. Dr. Charles B. May reported on August 1, 2005, that he had "placed [Gibson] off work and [hoped] to return him to a light duty position as soon as his pain becomes more tolerable." Within a month, Gibson was working "restricted duty...

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