STATE, EX REL. MONTELLO, v. INDUS. COMM.

No. 85-1351.

25 Ohio St. 3d 239 (1986)

THE STATE, EX REL. MONTELLO, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 6, 1986.


Attorney(s) appearing for the Case

Mancino, Mancino & Mancino and Paul Mancino, Jr., for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Mark E. Mastrangelo, for appellee Industrial Commission.

Squire, Sanders & Dempsey, Robert H. Gillespy, David J. Somrak and Preston J. Garvin, for appellee Cleveland Builders Supply Company.


Per Curiam.

Appellant's application for an increase in permanent partial disability benefits was governed by R.C. 4123.57 which provides, in pertinent part:

"(B) The district hearing officer, upon such application, shall determine the percentage of the employee's permanent disability, except such as is subject to division (C) of this section, based upon that condition of the employee resulting from the...

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