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THE STATE, EX REL. HUTTON, v. INDUSTRIAL COMMISSION OF OHIO

No. 71-337.

29 Ohio St. 2d 9 (1972)

THE STATE, EX REL. HUTTON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided January 26, 1972.

Attorney(s) appearing for the Case

Mr. Harold Ticktin and Mr.Kenneth S. Kabb, for appellant.

Mr. William J. Brown, attorney general, Mr. R. Patrick Baughman and Mr. David J. Sherriff, for appellee.

LEACH, J.

At the outset, it should be noted that no claim is made by or on behalf of the Industrial Commission that it would have any authority to deduct, from the determination of relator's percentage of permanent partial disability, the percentage determined in making an award to the same person in a separate claim which predated the injury in question. In any event, our decision in State, ex rel. Shewalter, v. Indus. Comm. (1969),

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