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STATE EX REL. BELKNAP v. BUEHLER'S FOOD MARKETS, INC.

No. 96-1980.

84 Ohio St.3d 108 (1998)

THE STATE EX REL. BELKNAP, APPELLANT, v. BUEHLER'S FOOD MARKETS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Lonas & McGonegal and Terrance J. McGonegal, for appellant.

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., John R. Slater and Edward D. Murray, for appellee Buehler's Food Markets, Inc.

Betty D. Montgomery, Attorney General, and Douglas S. Musick, Assistant Attorney General, for appellees Industrial Commission and Administrator, Bureau of Workers' Compensation.

Per Curiam.

No one disputes claimant's assertion that her former position of employment represents her maximum pre-injury earning capacity. That being the case, if claimant's industrial injury does not prevent her from returning to that job, there has been no impairment of earning capacity. Upon review, we find that there is "some evidence" supporting the commission's conclusion that claimant can...

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