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STATE EX REL. BURROWS v. INDUS. COMM.

No. 94-2728.

78 Ohio St.3d 78 (1997)

THE STATE EX REL. BURROWS, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE; AKRON CITY HOSPITAL, APPELLANT.

Supreme Court of Ohio.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Ben Sheerer Law Offices and Thomas R. Pitts, for appellee Burrows.

Betty D. Montgomery, Attorney General, and Melanie Cornelius, Assistant Attorney General, for appellee Industrial Commission.

Buckingham, Doolittle & Burroughs, A L.P.A., and Deborah Sesek, for appellant.

Per Curiam.

Two issues are presented for our review: (1) Did the commission err in dismissing Burrows's PPD application as untimely? and (2) Are claimants eligible for PPD under R.C. 4123.57(A) if receiving living maintenance wage loss compensation under R.C. 4121.67(B)? For the reasons that follow, we hold that R.C. 4123.57(A) imposes the forty-week waiting period for TTD paid specifically pursuant to R.C. 4123.56, notwithstanding that claimants cannot be...

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