Vulcan Materials Co. v. Industrial Commission

The common gravamen of each of these consolidated actions concerns the authority of the Industrial Commission to reclassify a disability from temporary to permanent prior to the claimant’s receipt of two hundred weeks of temporary total disability benefits.

This court recently addressed this identical issue in State, ex rel. Bryant, v. Pinkerton’s, Inc. (1986), 24 Ohio St. 3d 79. Therein, this court specifically rejected the argument that R.C. 4123.56 mandates two hundred weeks of temporary total compensation before the commission may find an injury to have become permanent. Rather, this court…