State ex rel. Bearden v. Industrial Commission

Francis E. Sweeney, Sr., J.

Former R.C. 4123.57 required a successful applicant for partial disability compensation to select the method of payment — as impaired earning capacity benefits under R.C. 4123.57(A) or as permanent partial disability compensation under R.C. 4123.57(B). However, for “good cause shown,” a claimant could change his election. R.C. 4123.57(A). In this case, we are asked to determine whether the commission abused its discretion in finding that appellant’s requested election change was not supported by “good cause.” For the following reasons, we find the commission did not…