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STATE EX REL. AKRON PAINT & VARNISH, INC. v. GULLOTTA

No. 2010-0636.

131 Ohio St.3d 231 (2012)

2012-Ohio-542

THE STATE EX REL. AKRON PAINT & VARNISH, INC., Appellee, v. GULLOTTA ET AL., Appellants.

Supreme Court of Ohio.

Decided February 15, 2012.

Attorney(s) appearing for the Case

Richard L. Williger Co., L.P.A., and Richard L. Williger , for appellee.

Philip J. Fulton Law Office, Ross R. Fulton , and Philip J. Fulton , for appellant Guiseppe Gullotta.

Michael DeWine , Attorney General, and Gerald H. Waterman and Elise Porter , Assistant Attorneys General, for appellant Industrial Commission of Ohio.

LUNDBERG STRATTON, J.

{¶ 1} Appellants, Guiseppe Gullotta and the Industrial Commission of Ohio ("commission"), have filed an appeal of right from a judgment of the Franklin County Court of Appeals ordering the commission to vacate its order of July 16, 2008, awarding Gullotta compensation for temporary total disability ("TTD"). The court of appeals determined that the commission had abused its discretion when it awarded TTD compensation based on...

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