State ex rel. Consolidation Coal Co. v. Industrial Commission

The parties are in agreement that this action is properly brought in mandamus since it deals with the “extent of disability,” and, therefore, is not appealable. See R. C. 4123.519; Zavatsky v. Stringer (1978), 56 Ohio St. 2d 386; Miraglia v. B. F. Goodrich (1980), 61 Ohio 2d 128.

The issue presented for our determination is whether R. C. 4123.57(B) precludes an award for a percentage of permanent partial disability after a claimant has already been determined to be permanently and totally disabled. R. C. 4123.57 deals with partial disability compensation. Division (B) of that section provides,…