Industrial Commission v. Warnke

I cannot subscribe to the general rule relative to the waiver of privileged communications established by the majority of the court.

Let it be distinctly understood that I am heartily in favor of a rule as pronounced, and appreciate that the instant case and similar cases present a persuasive argument for its adoption, but such rule must be promulgated by the General Assembly and not through a forced process of reasoning on the part of this court amounting to judicial legislation.

Section 11494, General Code, provides in mandatory terms that a physician shall not testify concerning a…