State ex rel. CPC Group v. Industrial Commission

Two questions are posed by the commission’s order: (1) Is there an unqualified right to R.C. 4123.57(A) compensation once partial disability has been determined? and (2) Is retirement irrelevant to a determination of an impaired earning capacity? For the reasons to follow, we answer both questions in the negative and affirm the appellate court judgment.

The first inquiry is quickly disposed of based on State, ex rel. Johnson, v. Indus. Comm., supra, which stated that a claimant did not have an automatic right to receive R.C. 4123.57(A) compensation. Under Johnson, an R.C. 4123.57(A) deter*210minati…