State ex rel. Johnson v. Industrial Commission

The determinative question before this court is whether a claimant has an absolute right to receive benefits under R.C. 4123.57(A) based upon a prior determination of the percentage of a claimant’s partial disability. For the reasons that follow, we hold that a claimant does not have such an absolute right to receive compensation under Section (A), and therefore we reverse the court of appeals.

The version of R.C. 4123.57 in effect on the date of appellee’s injury,1 provided in relevant part:

*386“Partial disability compensation shall be paid as follows, provided, that an employee may elect as…