STATE EX REL. PRESTON v. PEABODY COAL CO.

No. 83-605.

12 Ohio St. 3d 72 (1984)

THE STATE, EX REL. PRESTON, APPELLANT, v. PEABODY COAL COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 11, 1984.


Attorney(s) appearing for the Case

Agee, Clymer & Morgan Co., L.P.A., and Mr. Philip J. Fulton, for appellant.

Mr. Jack L. Johnson, for appellee Peabody Coal Co. Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Gerald H. Waterman, for appellee Industrial Commission.


Per Curiam.

R.C. 4123.61 states in pertinent part: "The average weekly wage of an * * * employee * * * at the time disability due to the occupational disease begins shall be taken as the basis upon which to compute benefits." The question presented in this appeal is whether "disability," in the case of CMP, begins when the employee quits work or when he is found to be totally disabled.

All parties concede that appellant was disabled to some degree when...

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