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STATE EX REL. ADAMS v. ALUCHEM, INC.

No. 2003-1648.

104 Ohio St.3d 640 (2004)

2004-Ohio-6891

The STATE EX REL. ADAMS, APPELLEE, v. ALUCHEM, INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Clements, Mahin & Cohen Co., L.P.A., and Edward Cohen, Cincinnati, for appellee.

Jim Petro, Attorney General, Dennis H. Behm, and Shareef Rabaa, Assistant Attorneys General, for appellant.

Garvin & Hickey, Preston J. Garvin, and Michael J. Hickey, Dublin, urging reversal for amicus curiae Ohio Chamber of Commerce.

Vorys, Sater, Seymour & Pease, L.L.P., Robert A. Minor, and Robin Obetz, Columbus, urging reversal for amicus curiae Ohio Self-Insurers' Association.

Bricker & Eckler and Thomas R. Sant, Columbus, urging reversal for amici curiae Ohio Chapter of the National Federation of Independent Business and Ohio Manufacturers' Association.

MOYER, C.J.

I

{¶ 1} In December 1984, James C. Adams, claimant-appellee, was injured in an industrial accident. The Bureau of Workers' Compensation allowed his claim for the conditions of "dismemberment left arm; phantom limb pain; muscle spasms left arm."

{¶ 2} On April 11, 2001, claimant filed a motion for statutory permanent total disability ("PTD") compensation under R.C. 4123.58(C). The motion was based on the holding...

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