Legal Opinion · Concurrence

Willitzer v. McCloud

Ohio Supreme Court

Decided September 7, 1983No. 82-1020Published

1ConcurrenceClifford F. Brown, J.

Stripping absolute immunity from civil suit for an independent physician examining workers’ compensation claimants for the purpose of reporting their medical conditions is a just •result. It is long overdue, supported by a thorough analysis of the facts and existing law on immunity, and leaves undisturbed judicial immunity as well as those immunities related to testimony at adjudicatory proceedings and involving quasi-judicial officers.

This decision is generated by a festering evil at the Industrial Commission, where a small minority of physicians, to whom the commission refers claimants for…

2Cases cited12 opinions

  1. State ex rel. Teece v. Industrial CommissionOhio Supreme Court · 1981
  2. Primes v. TylerOhio Supreme Court · 1975
  3. Di Giovanni v. PesselSupreme Court of New Jersey · 1970
  4. State ex rel. Jennings v. Industrial CommissionOhio Supreme Court · 1982
  5. State ex rel. Berry v. Industrial CommissionOhio Supreme Court · 1983

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