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STATE EX REL. VANOVER v. EMERY WORLDWIDE

No. 95-697.

80 Ohio St.3d 367 (1997)

THE STATE EX REL. VANOVER, APPELLANT, v. EMERY WORLDWIDE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 3, 1997.

Attorney(s) appearing for the Case

Hochman & Roach Co., L.P.A., Gary D. Plunkett and Kaila A. Cox, for appellant.

Thompson, Hine & Flory, Edna Scheurer and Sarah A. Barlage, for appellee Emery Worldwide.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellee Industrial Commission.

Per Curiam.

R.C. 4123.56.(B) reads:

"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...

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