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STATE EX REL. McGONEGLE v. INDUS. COMM.

No. 94-1689.

76 Ohio St.3d 272 (1996)

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

Supreme Court of Ohio.

Decided August 7, 1996.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Jetta Mencer, Assistant Attorney General, for appellee commission.

Taft, Stettinius & Hollister and Charles M. Stephan, for appellee Zumbiel Company.

DOUGLAS, J.

R.C. 4123.56(B) provides that:

"Where an employee in a claim allowed under this chapter suffers a wage loss as a result of returning to employment other than his former position of employment or as a result of being unable to find employment consistent with the claimant's physical capabilities, he shall receive compensation at sixty-six and two-thirds per cent of his weekly wage loss not to exceed...

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