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

No. 92-2575.

68 Ohio St.3d 205 (1994)

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

Supreme Court of Ohio.

Decided February 2, 1994.


Attorney(s) appearing for the Case

Larrimer & Larrimer and Craig Aalyson, for relator.

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

Lee I. Fisher, Attorney General, and Merl H. Wayman, Assistant Attorney General, for respondent Industrial Commission.


Per Curiam.

Under former R.C. 4123.57, a claimant could elect how to receive partial disability compensation—as impaired earning capacity compensation under R.C. 4123.57(A) or permanent partial disability under R.C. 4123.57(B). For "good cause shown," however, a claimant could switch his election. Former R.C. 4123.57(A) (130 Ohio Laws 932-933). "Good cause," in turn, requires "unforeseen changed circumstances subsequent to the initial election and...

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