State ex rel. Boyd v. Frigidaire Division, General Motors Corp.

The sole issue raised by this appeal is whether R.C. 4123.56 authorizes appellant to reduce an employee’s temporary total disability benefits by the amount of benefits received for permanent total disability under an employer’s plan.

It is appellant’s contention that R.C. 4123.56 as it existed on the date of Boyd’s injury applies and authorizes the setoff. At that time, R.C. 4123.56 provided, in relevant part:

“If any compensation for total disability has been paid for the same period or periods for which non-occupational disability insurance or benefits is or has been paid pursuant to an…