STATE, EX REL. CPC GROUP, GENERAL MOTORS CORP. v. INDUS. COMM.

No. 89-963.

53 Ohio St. 3d 209 (1990)

THE STATE, EX REL. CPC GROUP, GENERAL MOTORS CORP., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; DAVIS, APPELLANT.

Supreme Court of Ohio.

Decided August 29, 1990.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease and Robert E. Tait, for appellee CPC Group.

Thompson, Meier & Dersom and William A. Meier, for appellant.


Per Curiam.

Two questions are posed by the commission's order: (1) Is there an unqualified right to R.C. 4123.57(A) compensation once partial disability has been determined? and (2) Is retirement irrelevant to a determination of an impaired earning capacity? For the reasons to follow, we answer both questions in the negative and affirm the appellate court judgment.

The first inquiry is quickly disposed of based on State, ex rel. Johnson, v. ...

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