State ex rel. Manders v. Bd. of Trustees

The sole issue before the court is whether appellant is required to consider an application for permanent and total disability benefits filed by an individual who is receiving partial disability benefits from the fund.

Appellant contends that because R. C. 742.37 provides no procedure for changing an award of partial disability benefits to one for permanent and total disability benefits, it lacks authority to consider appellees’ applications. In support, it relies on the general rule that a statutorily created board may not exceed the powers granted to it by statute. See, e.g., Consumers’…