State ex rel. Old Dominion Freight Line, Inc. v. Indus. Comm. (Slip Opinion)

{¶ 35} Respectfully, I dissent. When an employer provides timely notice of its intent to submit medical reports on the claimant’s alleged permanent total disability and timely submits those reports pursuant to Ohio Adm.Code 4121-3-34(C)(4)(b) but the Industrial Commission, to the prejudice of the employer, fails to provide those evaluation reports to its examining physicians prior to their examinations as required by Ohio Adm.Code 4121 — 3—34(C)(5)(a)(Ii), the commission’s reports should be stricken. Therefore, I would reverse the judgment of the Tenth District Court of Appeals and grant the…