STATE EX REL. MCENDREE v. CONSOL. COAL CO.

No. 92-2515.

68 Ohio St.3d 325 (1994)

THE STATE EX REL. MCENDREE v. CONSOLIDATION COAL COMPANY ET AL.

Supreme Court of Ohio.

Decided February 16, 1994.


Attorney(s) appearing for the Case

Larrimer & Larrimer and Craig Aalyson, for relator.

Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, for respondent Consolidation Coal Company.

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


Per Curiam.

Former R.C. 4123.57 permitted a claimant to choose the manner in which to receive partial disability compensation—as impaired earning capacity compensation under R.C. 4123.57(A) or permanent partial disability benefits under R.C. 4123.57(B). We are once again asked to determine whether the commission abused its discretion in finding that claimant's requested election change was not supported by "good cause." For the reasons to follow, we...

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