State ex rel. Firestone Tire & Rubber Co. v. Industrial Commission

Subject, to commission approval, a claimant or employer may depose a physician who has reported on the claimant’s extent of disability. R.C. 4123.09. This discretionary approval is based on the reasonableness of the movant’s request. Ohio Adm. Code 4121-3-09 (B)(5)(d).

We have addressed this subject on two previous occasions. Upon review, we conclude that our decisions in State, ex rel. General Motors Corp., v. Indus. Comm. (1976), 47 Ohio St. 2d 244, 1 O.O. 3d 141, 351 N.E. 2d 442, and Williams v. Moody’s of Dayton, Inc. (1982), 1 Ohio St. 3d 238, 1 OBR 260, 438 N.E. 2d 1162, require…