State ex rel. Didiano v. Beshara
Ohio Supreme Court
1Per curiam
R.C. 4123.58(A) provides:
“In cases of permanent total disability, the employee shall receive an award to continue until his death * * *.” (Emphasis added.)
R.C. 4123.58 establishes a claimant’s right to uninterrupted compensation once permanent total disability is found. That finding, however, may be changed under the commission’s continuing jurisdiction under R.C. 4123.52. State ex rel. Brewer v. Indus. Comm. (1984), 12 Ohio St.3d 23, 12 OBR 20, 465 N.E.2d 389. Brewer involved an order that in all relevant respects mirrors that at bar:
“ ‘[T]he claimant is Permanently and Totally Disabled * *…
2Cases cited3 opinions
- State ex rel. Owens-Illinois, Inc. v. Industrial CommissionOhio Supreme Court · 1991
- State ex rel. Canter v. Industrial CommissionOhio Supreme Court · 1986
- State ex rel. Brewer v. Industrial CommissionOhio Supreme Court · 1984
3Cited by3 opinions
- State Ex Rel. Jenkins v. Indus. Comm'n of OhioOhio Court of Appeals · 2017
- State ex rel. Didiano v. BesharaOhio Supreme Court · 1995
- State ex rel. Didiano v. BesharaOhio Supreme Court · 1995