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STATE, EX REL. AMERICAN SEAWAY FOODS, INC. v. INDUS. COMM.

Nos. 90-727 and 90-1534.

62 Ohio St.3d 50 (1991)

THE STATE, EX REL. AMERICAN SEAWAY FOODS, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS. THE STATE, EX REL. HOOVER COMPANY, APPELLEE, v. MAYFIELD, ADMR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 9, 1991.

Attorney(s) appearing for the Case

Garson & Associates Co., L.P.A., and Stuart I. Garson, for appellee in case No. 90-727.

Black, McCuskey, Souers & Arbaugh, Gust Callas and G. Randall Ayers, for appellee in case No. 90-1534.

Lee I. Fisher, Attorney General, Michael L. Squillace and Gerald H. Waterman, for appellants in case No. 90-727.

Lee I. Fisher, Attorney General, and Gerald H. Waterman, for appellants in case No. 90-1534.

Vorys, Sater, Seymour & Pease, Russel P. Herrold, Jr., and Gerald P. Ferguson, urging affirmance in case No. 90-727 for amicus curiae, Anchor Hocking Corporation.

Hanlon, Duff & Paleudis Co., L.P.A., and Gerald P. Duff, urging affirmance in case No. 90-727 for amicus curiae, Youghiogheny and Ohio Coal Company.

Per Curiam.

To encourage employers "to employ and retain * * * handicapped employees," R.C. 4123.343 was enacted in 1955. 126 Ohio Laws 947. Under the statute, the commission reimburses or credits an employer, totally or partially, for compensation and benefits paid to a handicapped employee who is later industrially injured and whose handicap contributed to either the injury itself or a resulting disability. R.C. 4123.343(B) and (C).

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