Legal Opinion · Concurrence

State Ex Rel. Kelly v. Industrial Commission

Ohio Court of Appeals

Decided February 9, 1984No. 83AP-587Published

1ConcurrenceMoyer, J.

While I concur in the judgment of the majority, I do so only for the reason that Dr. Hardie, as a non-examining physician, failed to indicate that he accepted the findings of other physicians as required by State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55 [11 O.O.3d 216]. To the extent that the majority opinion indicates that the commission may not devise and use a form that states that the non-examining physician has reviewed and accepted the findings of another medical report or reports, I do not agree with the opinion. Fundamental fairness is not subverted by a physician…

2Cases cited2 opinions

  1. State ex rel. Wallace v. Industrlal CommissionOhio Supreme Court · 1979
  2. State Ex Rel. Taylor v. Industrial CommissionOhio Court of Appeals · 1982

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