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STATE EX REL. ROUAN v. INDUS. COMM.

No. 2011-0775.

133 Ohio St.3d 249 (2012)

2012-Ohio-4639

THE STATE EX REL. ROUAN, Appellant, v. INDUSTRIAL COMMISSION OF OHIO ET AL., Appellees.

Supreme Court of Ohio.

Decided October 11, 2012.

Attorney(s) appearing for the Case

Schiavoni, Schiavoni, Bush & Muldowney, Shawn R. Muldowney , and Joseph J. Bush III , for appellant.

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

Paul J. Gains , Mahoning County Prosecuting Attorney, and Elizabeth M. Phillips , Assistant Prosecuting Attorney, for appellee Mahoning County.

Per Curiam.

{¶ 1} When determining whether an employee's retirement bars a subsequent request for temporary total disability compensation ("TTC"), two considerations predominate: (1) was the retirement precipitated by the workplace injury and (2) did the claimant remain in the work force after retiring? Appellant, Patricia Rouan, unsuccessfully sought postretirement TTC and now challenges that denial in this court.

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