STATE EX REL. ATHEY v. INDUS. COMM.

No. 99-134.

89 Ohio St.3d 473 (2000)

THE STATE EX REL. ATHEY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 30, 2000.


Attorney(s) appearing for the Case

Law Office of Thomas Tootle and Thomas Tootle, for appellant.

Betty D. Montgomery, Attorney General, and Jon D. Grandon, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Chester, Willcox & Saxbe, Frank A. Titus and John J. Chester, Jr., for appellee Elias Brothers Restaurant, Inc.


Per Curiam.

The court of appeals held that the commission did not abuse its discretion in finding that Athey had constructively elected against receiving IEC compensation. We agree.

Former R.C. 4123.57(A) authorized the payment of IEC compensation, while former division (B) of the statute authorized the payment of PPD compensation. R.C. 4123.57 also required claimants to elect between division (A) compensation and division (B) compensation...

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