State ex rel. Hammond v. Industrial Commission

These two cases present the question of whether a worker’s permanent partial loss of hearing is com-pensable as a partial disability under the provisions of R. C. 4123.57(B).

R. C. 4123.57 provides generally for three types of benefits where a worker suffers a permanent partial disability. R. C. 4123.57(A) grants an allowance of benefits where the “injury***resulting in partial disability***[results in an] impairment of his earning capacity.” Neither appellant has attempted any demonstration that he has suffered an impairment of his earning capacity.

R. C. 4123.57(B) provides benefits for…