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STATE EX REL. DELONG v. INDUS. COMM.

No. 93-2155.

71 Ohio St.3d 358 (1994)

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

Supreme Court of Ohio.

Decided December 23, 1994.

Attorney(s) appearing for the Case

Grady & Honerlaw Co., L.P.A., and Michael J. Honerlaw, for appellant.

Lee Fisher, Attorney General, and Jetta Mencer, Assistant Attorney General, for appellee Industrial Commission.

Porter, Wright, Morris & Arthur, Charles J. Kurtz III and Karl J. Sutter, for appellee Kroger Company.

Per Curiam.

Former R.C. 4123.57 permitted claimants to choose the form of partial disability award payment—as permanent partial disability benefits under R.C. 4123.57(B) or as impaired earning capacity compensation under division (A). (136 Ohio Laws, Part I, 1160-1161.) For "good cause shown" claimant could later change that election. (Id. at 1160.) R.C. 4123.57(A).

"Good cause" was first defined in State ex rel. Fellers v. Indus. Comm...

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