State ex rel. Howard v. White-Westinghouse, Inc.

A claimant has the burden of establishing, by proof of actual impaired earning capacity, an entitlement to R.C. 4123.57(A) compensation. State, ex rel. Johnson, v. Indus. Comm. (1988), 40 Ohio St. 3d 384, 533 N.E. 2d 775, syllabus; State, ex rel. Apgar, v. Indus. Comm. (1989), 42 Ohio St. 3d 5, 535 N.E. 2d 1364. Appellant submitted no such evidence here, claiming that such proof is unnecessary since the ten-percent permanent partial disability determination entitles her as of right to compensation for impaired earning capacity, the amount of which is to be computed using the ten-percent…