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

No. 88-158.

40 Ohio St. 3d 384 (1988)

THE STATE, EX REL. JOHNSON, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Larrimer & Larrimer, Craig Aalyson and David H. Swanson, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Jenice R. Golson, for appellant Industrial Commission.

Squire, Sanders & Dempsey, Preston J. Garvin and Kevin R. Abrams, for appellant North American Coal Corp.


HOLMES, J.

The determinative question before this court is whether a claimant has an absolute right to receive benefits under R.C. 4123.57(A) based upon a prior determination of the percentage of a claimant's partial disability. For the reasons that follow, we hold that a claimant does not have such an absolute right to receive compensation under Section (A), and therefore we reverse the court of appeals.

The version of R.C. 4123.57 in effect on the date of...

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