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STATE EX REL. BEARDEN v. INDUS. COMM.

No. 94-1265.

75 Ohio St.3d 74 (1996)

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

Supreme Court of Ohio.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Dorothy B. McCrory & Associates, Christopher S. Clark and Suzanne B. Norton, for appellant.

Betty D. Montgomery, Attorney General, and Yolanda L. Barnes, Assistant Attorney General, for appellee Industrial Commission.

Overly, Spiker, Chappano & Wood, Douglas E. Spiker and Lee M. Wood, for appellee DeVilbiss Co.

FRANCIS E. SWEENEY, SR., J.

Former R.C. 4123.57 required a successful applicant for partial disability compensation to select the method of payment—as impaired earning capacity benefits under R.C. 4123.57(A) or as permanent partial disability compensation under R.C. 4123.57(B). However, for "good cause shown," a claimant could change his election. R.C. 4123.57(A). In this case, we are asked to determine whether the commission abused its discretion in finding...

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