State ex rel. Tilley v. Industrial Commission

Eligibility for temporary total disability compensation requires, among other things, that the disabling medical condition(s) are not yet permanent, i.e., not maximally medically improved. See State ex rel. Ramirez v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O.3d 518, 433 N.E.2d 586; R.C. 4123.56(A). Dr. Fallon assessed maximum medical improvement, prompting the termination of claimant’s temporary total disability compensation. Claimant successfully disqualified Fallon’s report in the court below, arguing that Fallon did not consider aggravation of DDD in finding maximum medical…