SMITH v. KROUSE

No. 77-1269.

54 Ohio St. 2d 369 (1978)

SMITH, APPELLANT, v. KROUSE, ADMR., BUREAU OF WORKERS' COMPENSATION, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided June 21, 1978.


Attorney(s) appearing for the Case

Messrs. Clayman & Jaffy, and Mr. Stewart R. Jaffy, for appellant.

Mr. William J. Brown, attorney general, and Mr. Gerald H. Waterman, for appellee.


Per Curiam.

The issue presented in this appeal is whether the order of the commission finding appellant to be permanently and totally disabled "but not due to the [prior] allowed injury" constitutes an appealable order.

R. C. 4123.519 provides, in part:

"The claimant or the employer may appeal a decision of the industrial commission in any injury case, other than a decision as to the extent of disability, to the court of common pleas * * *....

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