State ex rel. McEndree v. Consolidation Coal Co.

Former R.C. 4123.57 permitted a claimant to choose the manner in which to receive partial disability compensation — as impaired earning capacity compensation under R.C. 4123.57(A) or permanent partial disability benefits under R.C. 4123.57(B). We are once again asked to determine whether the commission abused its discretion in finding that claimant’s requested election change was not supported by “good cause.” For the reasons to follow, we deny the writ.

*327“Good cause” required “unforeseen changed circumstances subsequent to the initial election” and “actual impaired earning capacity.” State ex…