STATE EX REL. FRANKS v. INDUS. COMM.

No. 2002-1207.

99 Ohio St.3d 35 (2003)

2003-Ohio-2456

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

Supreme Court of Ohio.

Decided May 16, 2003.


Attorney(s) appearing for the Case

M. Blake Stone Co., L.P.A., and M. Blake Stone, for appellant.

Jim Petro, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee.


Per Curiam.

{¶ 1} Appellant-claimant, Nicholas Franks, broke his left great toe in 1999. A workers' compensation claim was allowed, and he eventually sought scheduled loss compensation under R.C. 4123.57(B) for a total loss of use. After that request was denied, claimant refiled his application, seeking a loss of use for only one-half of the toe.

{¶ 2} Five medical reports were before appellee Industrial Commission of Ohio. An April...

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