State ex rel. Thomas v. Industrial Commission

{¶ 1} Appellee-claimant Vaughn P. Thomas’s workers’ compensation claim has been allowed for assorted arm, hand, and psychological conditions. In 1997, he received an award under R.C. 4123.57(B) for total loss of use of his right arm.

{¶ 2} In 1999, claimant moved for permanent total disability compensation (“PTD”). Appellant Industrial Commission of Ohio, however, found claimant capable of sustained remunerative employment. It also denied claimant’s request to be declared statutorily permanently and totally disabled under R.C. 4123.58(C), writing:

{¶ 3} “Under O.R.C. 4123.58(C) statutory…