STATE EX REL. BOYD v. FRIGIDAIRE DIV.

No. 83-1393.

11 Ohio St. 3d 243 (1984)

THE STATE, EX REL. BOYD, APPELLEE, v. FRIGIDAIRE DIVISION, GENERAL MOTORS CORP., APPELLANT; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 27, 1984.


Attorney(s) appearing for the Case

Messrs. E. S. Gallon & Associates and Ms. Glenda Morgan Daker, for appellee Boyd.

Messrs. Cowden, Pfarrer, Crew & Becker and Mr. Joseph P. Buchanan, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Lee M. Smith and Mr. Michael L. Squillace, for appellee Industrial Commission.


Per Curiam.

The sole issue raised by this appeal is whether R.C. 4123.56 authorizes appellant to reduce an employee's temporary total disability benefits by the amount of benefits received for permanent total disability under an employer's plan.

It is appellant's contention that R.C. 4123.56 as it existed on the date of Boyd's injury applies and authorizes the setoff. At that time, R.C. 4123.56 provided, in relevant part:

"If any compensation...

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