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STATE EX REL. DIROSA v. INDUS. COMM.

No. 96-1393.

84 Ohio St.3d 56 (1998)

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

Supreme Court of Ohio.

Decided December 2, 1998.

Attorney(s) appearing for the Case

Michael I. Shapero & Associates and John P. McGinnis, for appellant.

Betty D. Montgomery, Attorney General, Miltina A. Gavia and Cordelia A. Glenn, Assistant Attorneys General, for appellee.

Per Curiam.

R.C. 4123.56(B) provides:

"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 the statewide average weekly wage...

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