STATE EX REL. SMOTHERS v. MIHM

No. 93-895.

69 Ohio St.3d 566 (1994)

THE STATE EX REL. SMOTHERS, APPELLANT, v. MIHM, ADMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 13, 1994.


Attorney(s) appearing for the Case

Kondritzer, Gold, Frank & Crowley Co., L.P.A., and Lane N. Cohen, for appellant.

Lee I. Fisher, Attorney General, and Jetta Mencer, Assistant Attorney General, for appellees Industrial Commission and Administrator Patrick G. Mihm.

Taft, Stettinus & Hollister and Charles M. Stephan, for appellee Roadway Express, Inc.


Per Curiam.

Claimant has already been found to be permanently and totally disabled. Once this determination has been made, "the employee shall receive an award to continue until his death." (Emphasis added.) R.C. 4123.58(A). The lifetime nature of the award negates the need for continuing medical proof on claimant's behalf.

The character of a permanent total disability award does not, however, mean that the award is completely immune from...

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