STATE EX REL. THOMAS v. INDUS. COMM.

No. 2001-0237.

97 Ohio St.3d 37 (2002)

2002-Ohio-5306

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

Supreme Court of Ohio.

Decided October 16, 2002.


Attorney(s) appearing for the Case

Philip J. Fulton & Associates and Jonathan H. Goodman, for appellee.

Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellant.

Butler, Cincione, DiCuccio & Barnhart and David B. Barnhart, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.


Per Curiam.

{¶ 1} Appellee-claimant Vaughn P. Thomas's workers' compensation claim has been allowed for assorted arm, hand, and psychological conditions. In 1997, he received an award under R.C. 4123.57(B) for total loss of use of his right arm.

{¶ 2} In 1999, claimant moved for permanent total disability compensation ("PTD"). Appellant Industrial Commission of Ohio, however, found claimant capable of sustained remunerative employment...

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