STATE EX REL. DRAGANIC v. INDUS. COMM.

No. 94-2403.

75 Ohio St.3d 461 (1996)

STATE EX REL. DRAGANIC, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided May 15, 1996.


Attorney(s) appearing for the Case

Garson & Associates Co., L.P.A., and Grace A. Szubski, for appellee.

Betty D. Montgomery, Attorney General, Michael P. O'Grady, Gerald H. Waterman and Elizabeth M. Wolf, Assistant Attorneys General, for appellant.


Per Curiam.

Two questions are presented: (1) Was the commission bound by its deputy's determination that claimant was permanently and totally disabled? (2) If not, is permanent total disability compensation nevertheless compelled by Gay? For the reasons to follow, we answer both questions in the negative.

The jurisdictional question posed by the appellate court's decision arose out of now repealed commission resolution R89-1-009, which read:...

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