State ex rel. Woodard v. Frigidaire Division, General Motors Corp.

In State, ex rel. Jennings, v. Indus. Comm. (1982), 1 Ohio St. 3d 101, at 102, this court held that “where a medical expert has by deposition testimony, repudiated a conclusion previously made in a medical report, that report cannot constitute evidence to support the order of the commission.”

In the instant case, the commission relied upon the reports of Drs. Sastry and Paley. Both doctors, in later deposition testimony, effectively repudiated their earlier findings. Cf. State, ex rel. Kokocinski, v. Indus. Comm. (1984), 11 Ohio St. 3d 186.

Moreover, neither report used by the commission to…