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STATE EX REL. v. ALLEN REFRACTORIES

No. 2006-1118.

114 Ohio St.3d 129 (2007)

2007-Ohio-3758

THE STATE EX REL. KINCAID, APPELLANT, v. ALLEN REFRACTORIES COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 8, 2007.

Attorney(s) appearing for the Case

Koltak & Gibson, L.L.P., and Ronald J. Koltak, for appellant.

Marc Dann, Attorney General, and Charissa D. Payer, Assistant Attorney General, for appellee Industrial Commission.

LANZINGER, J.

{¶ 1} We are asked whether a finding of "100% bilateral total loss of sight" for scheduled-loss compensation under R.C. 4123.57(B) compels an award for permanent total disability compensation under R.C. 4123.58(C) in this case. We hold that it does.

Case Background

{¶ 2} Appellant, James Kincaid, was injured in 1984 when he was employed by Allen Refractories Company. Kincaid sustained severe facial trauma and a concussion...

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