State ex rel. Harless v. DMR Automotive Servs., Inc.

Citations

• 2024 Ohio 5395

Syllabus

In this original action in which relator has requested that this court issue a writ of mandamus ordering respondent, Industrial Commission of Ohio, to vacate its order that found he had reached maximum medical improvement (\MMI\) and terminated his temporary total disability (\TTD\) compensation benefits, the magistrate properly found that in terminating TTD compensation as of the June 22, 2022 hearing, the district hearing officer (and subsequently, the commission) properly relied upon Dr. Ahmad's May 4, 2022 independent medical examination (\IME\) opinion that found claimant had reached MMI as of the date of examination, which was also May 4, 2022. The magistrate erred, however, in finding that the Supreme Court of Ohio's decision in the Dillon case applies retroactively to the facts of this case. Objection sustained; writ of mandamus denied.