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STATE EX REL. MARTIN v. INDUS. COMM. OF OHIO

No. 77-1307.

55 Ohio St. 2d 18 (1978)

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

Supreme Court of Ohio.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Messrs. E. S. Gallon & Associates and Mr. John A. Cervay, for appellant.

Mr. William J. Brown, attorney general, and Mr. John F. Livorno for appellee.

Per Curiam.

The issue to be resolved in this cause is whether a claimant is entitled to previously awarded partial disability benefits under R. C. 4123.57(C), in addition to subsequently awarded permanent total disability benefits under R. C. 4123.58 for the same injury.

If this claimant had been injured on or after November 16, 1973, there is no question that he would be entitled to receive compensation under both R. C. 4123.57(C) and 4123.58. (See...

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