State ex rel. Williams v. Moody's of Dayton, Inc.

R.C. 4123.09 vests the Industrial Commission with authority to allow the taking of depositions. It does not require the commission to do so. State, ex rel. General Motors, v. Indus Comm. (1976), 47 Ohio St. 2d 244 [1 O.O.3d 141]. The facts present in that case were found by the court to be a proper showing of an indicia of need which was supportive of the allowance of the motion for deposing the physician. Such indicia were that: (1) the disparity between the reports filed by the physicians who examined the claimant is substantial; (2) where the original record of proceedings filed by the…