State Ex Rel. Lackey v. Industrial Commission

{¶ 1} At issue is appellant Juan L. Lackey’s request for temporary total disability compensation (“TTC”) following his retirement from appellee Penske Truck Leasing Company, L.L.P. Lackey drove trucks for Penske, and in 2001 he injured his knee at work. Surgery was performed in 2003, and Lackey missed two months of work.

{¶ 2} After his return, Lackey drove full-time for the next 15 months. During that time, he moved to have additional knee conditions allowed in his claim. He also, on July 27, 2004, filed retirement papers with Penske. Lackey does not dispute that nothing in his retirement…