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STATE EX REL. CLEVELAND BROWNS, INC. v. INDUS. COMM.

No. 88-1692.

49 Ohio St. 3d 17 (1990)

THE STATE, EX REL. CLEVELAND BROWNS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Dinn, Hochman, King & Melamed, Irwin J. Dinn and Michele C. Raia, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Michael Squillace and James A. Barnes, for appellee Industrial Commission.

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., and Michael L. Climaco, for appellee Cockroft.

Per Curiam.

In State, ex rel. Johnson, v. Indus. Comm. (1988), 40 Ohio St.3d 384, 533 N.E.2d 775, we held that partial disability compensation under R.C. 4123.57(A) must be supported by proof of actual impaired earning capacity. We find no such evidence here.

In awarding compensation, the commission relied solely on Dr. Gross' report. Evidence relating exclusively to the extent of a claimant...

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