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STATE EX REL. LACKEY v. INDUS. COMM.

No. 2009-1755.

129 Ohio St.3d 119 (2011)

2011-Ohio-3089

THE STATE EX REL. LACKEY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 29, 2011.

Attorney(s) appearing for the Case

Thomas W. Condit , for appellant.

Schottenstein, Zox & Dunn, Robert M. Robenalt , and Meghan Dargay Majernik , for appellee Penske Truck Leasing Co., L.L.P.

Michael DeWine , Attorney General, and Kevin J. Reis , Assistant Attorney General, for appellee Industrial Commission of Ohio.

Per Curiam.

{¶ 1} At issue is appellant Juan L. Lackey's request for temporary total disability compensation ("TTC") following his retirement from appellee Penske Truck Leasing Company, L.L.P. Lackey drove trucks for Penske, and in 2001 he injured his knee at work. Surgery was performed in 2003, and Lackey missed two months of work.

{¶ 2} After his return, Lackey drove full-time for the next 15 months. During...

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