State ex rel. Harris Graphics Corp. v. Industrial Commission

Ohio Supreme Court December 30, 1988

State ex rel. Harris Graphics Corp. v. Industrial Commission, 40 Ohio St. 3d 419 (Ohio 1988)

534 N.E.2d 60; 1988 Ohio LEXIS 483

Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright

Opinion of the Court

Per Curiam.

Per our decision in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St. 3d 404, 534 N.E. 2d 46, with which this cause was consolidated on November 23, 1988, we find that the commission abused its discretion in continuing temporary total disability compensation despite its own finding that the respondent’s condition had become permanent. Accordingly, the judgment of the court of appeals is affirmed. The commission is ordered to hold further proceedings consistent with State, ex rel. Eaton Corp.

Judgment affirmed.

Moyer, C.J., Locher, Holmes, Wright and H. Brown, JJ., concur. Sweeney and Douglas, JJ., concur separately.

Concurring Opinion

Douglas, J.,

concurring. I concur for the reasons stated in my concurrence in State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St. 3d 404, 411-419, 534 N.E. 2d 46, 53-60.

Sweeney, J., concurs in the foregoing opinion.

Reference

Full Case Name: The State, ex rel. Harris Graphics Corporation v. Industrial Commission of Ohio
Status: Published