STATE EX REL. BITTINGER v. NACCO MINING CO.

No. 88-1490.

49 Ohio St. 3d 30 (1990)

THE STATE, EX REL. BITTINGER, APPELLANT, v. NACCO MINING COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 14, 1990.


Attorney(s) appearing for the Case

Larrimer & Larrimer and Craig Aalyson, for appellant.

Squire, Sanders & Dempsey and Preston J. Garvin, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Michael L. Squillace and Jenice R. Golson, for appellee Industrial Commission.


MOYER, C.J.

Two questions are before us: (1) whether permanent partial disability and impaired earning capacity are the same; and (2) whether the commission, in determining impaired earning capacity, must consider nonmedical disability factors. We answer both questions in the negative.

The first query was conclusively resolved in State, ex rel, Johnson, v. Indus. Comm. (1988), 40 Ohio St.3d 384, 533...

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