Legal Opinion

State ex rel. David's Cemetery v. Industrial Commission

Ohio Supreme Court

Decided August 15, 2001No. 00-1205PublishedCited by 2 opinions

1Per curiam

On June 5, 1997, appellee-claimant, Larry D. Byrge, sustained an injury in the course of and arising from his employment with appellant David’s Cemetery. Five days later, Dr. Krisell D. Fedrizzi diagnosed an incisional ventral hernia. In office notes of the same date, she advised claimant to “avoid any heavy lifting and forceful pushing/pulling [until] hernia repaired.” Those restrictions were repeated in a July 18, 1997 attending physician’s questionnaire (“APQ”), which certified claimant as unable to return to any job requiring such duties from June 10, 1997 through the “present.” There is…

2Cases cited17 opinions

  1. State ex rel. Gay v. MihmOhio Supreme Court · 1994
  2. State ex rel. Burley v. Coil Packing, Inc.Ohio Supreme Court · 1987
  3. State ex rel. Mitchell v. Robbins & Myers, Inc.Ohio Supreme Court · 1983
  4. State ex rel. Ashcraft v. Industrial CommissionOhio Supreme Court · 1987
  5. State ex rel. Louisiana-Pacific Corp. v. Industrial CommissionOhio Supreme Court · 1995

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3Cited by2 opinions

  1. State ex rel. David's Cemetery v. Indus. Comm.Ohio Supreme Court · 2001
  2. State Ex Rel. Pinson v. Industrial CommissionOhio Court of Appeals · 2003

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