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State ex rel Clark v. Industrial Commission of Ohio8/15/2001 sis added.) The fact that hostage leave does not appear in the CBA article entitled "Occupational Injury Leave" actually undercuts the majority's thesis by demonstrating that the parties to the CBA, like the magistrate and the commission, deemed hostage leave nonoccupational-and thus subject to setoff under R.C. 4123.56(A).
An award of TTD benefits to Clark in this case does not correspond to the overall purpose of R.C. 4123.54 and 4123.56(A) to compensate employees for TTD only to the extent that they have not been compensated for their lost wages by their employers. The commission did not abuse its discretion when it determined that the TTD Clark received should be set off by the hostage leave compensation that he received. I would reverse the appellate court's decision to the contrary.
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