STATE EX REL. MANDERS v. BD. OF TRUSTEES

Nos. 81-644 and 81-645.

68 Ohio St. 2d 79 (1981)

[THE STATE, EX REL.] MANDERS, APPELLEE, v. BD. OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND, APPELLANT. THE STATE, EX REL. O'NEILL, APPELLEE, v. BD. OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND, APPELLANT.

Supreme Court of Ohio.

Decided November 25, 1981.


Attorney(s) appearing for the Case

Clayman & Jaffy Co., L.P.A., and Mr. Walter Kaufman, for appellee Manders.

Messrs. Boggins, Centrone & Bixler and Mr. Lemuel R. Green, for appellee O'Neill.

Mr. William J. Brown, attorney general, and Mr. Thomas W. Hess, for appellant.


Per Curiam.

The sole issue before the court is whether appellant is required to consider an application for permanent and total disability benefits filed by an individual who is receiving partial disability benefits from the fund.

Appellant contends that because R. C. 742.37 provides no procedure for changing an award of partial disability benefits to one for permanent and total disability benefits, it lacks authority to consider appellees' applications...

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