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

No. 90-1431.

62 Ohio St.3d 162 (1991)

THE STATE EX REL. SIMPSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Larrimer & Larrimer and David H. Swanson, for appellant.

Lee I. Fisher, Attorney General, Michael L. Squillace and Yolanda L. Barnes, for appellee Industrial Commission.

Baughman & Associates Co., L.P.A., R. Patrick Baughman, Susan S. Henderson and James V. Weixel, Jr., for appellee Wheeling-Pittsburgh Steel Corporation.

Per Curiam.

Former R.C. 4123.57 required a successful applicant for partial disability compensation to choose the method of payment—as permanent partial disability compensation under R.C. 4123.57(B) or as impaired earning capacity benefits under R.C. 4123.57(A). Any future partial disability awards were to be paid according to the method first selected. However, for "good cause shown" a claimant may change...

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