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STATE EX REL. ASPLUNDH TREE EXPERT CO. v. INDUS. COMM.

No. 97-525.

86 Ohio St.3d 65 (1999)

THE STATE EX REL. ASPLUNDH TREE EXPERT COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur and Christopher C. Russell, for appellant.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee Industrial Commission.

Barkan & Neff Co., L.P.A., and Merl H. Wayman, for appellee O'Nail.

Stewart Jaffy & Associates, Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amici curiae, Ohio Academy of Trial Lawyers and Ohio AFL-CIO.

Per Curiam.

We are asked to determine whether claimant's receipt of Social Security Disability ("SSD") benefits bars wage-loss compensation. Upon review, we find that it does not.

Social Security disability demands an inability to work. Section 404.1505, Title 20, C.F.R. Wage loss does not. Instead, wage-loss compensation encourages alternative employment when a claimant cannot return to the former position of employment but retains a residual...

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