State ex rel. Roadway Express v. Industrial Commission

Two issues are presented for our review: (1) Did the commission abuse its discretion in continuing Getz’s TTD from August 29, 1986 until October 10, 1990? and (2) Is Roadway entitled to reimbursement from the Surplus Fund under former R.C. 4123.515 and 4123.519? For the reasons that follow, we hold that the commission’s April 25, 1988 TTD award is invalid and that Roadway must be reimbursed. Accordingly, we affirm.

Abuse of Discretion

Roadway argues that the commission had no basis upon which to continue Getz’s TTD once it had effectively determined his condition to be permanent and at maximum…