State ex rel. Delong v. Industrial Commission

Former R.C. 4123.57 permitted claimants to choose the form of partial disability award payment — as permanent partial disability benefits under R.C. 4123.57(B) or as impaired earning capacity compensation under division (A). (136 Ohio Laws, Part 1, 1160-1161.) For “good cause shown” claimant could later change that election. (Id. at 1160.) R.C. 4123.57(A).

“Good cause” was first defined in State ex rel. Fellers v. Indus. Comm. (1983), 9 Ohio App.3d 247, 248, 9 OBR 421, 422, 459 N.E.2d 605, 606:

“ ‘Good cause’ is demonstrated when, at the time of making the first election, subsequently occurring…