STATE EX REL. DOUGHTY v. WHEELING-PITTSBURGH STEEL CORP.

No. 92-2463.

67 Ohio St.3d 610 (1993)

THE STATE EX REL. DOUGHTY v. WHEELING-PITTSBURGH STEEL CORPORATION ET AL.

Supreme Court of Ohio.

Decided December 1, 1993.


Attorney(s) appearing for the Case

Larrimer & Larrimer and Craig Aalyson, for relator.

Vorys, Sater, Seymour & Pease, Russell P. Herrold, Jr., Bradley K. Sinnott, and William C. Heer III, for respondent Wheeling-Pittsburgh Steel Corporation.

Lee I. Fisher, Attorney General, and Robert L. Solomon III, Assistant Attorney General, for respondent Industrial Commission.


Per Curiam.

Under former R.C. 4123.57, in effect at the time of claimant's injury, a claimant could choose the manner in which to receive permanent partial disability compensation—as impaired earning capacity compensation under R.C. 4123.57(A) or as permanent partial disability compensation under R.C. 4123.57(B). For "good cause shown," however, a claimant could switch the election. R.C. 4123.57(A). "Good cause" requires "(1) unforeseen changed circumstances...

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