State ex rel. Mathess v. Wheeling-Pittsburgh Steel Corp.

Under former R.C. 4123.57, a claimant could elect how to receive partial disability compensation — as impaired earning capacity compensation under R.C. 4123.57(A) or permanent partial disability under R.C. 4123.57(B). For “good cause shown,” however, a claimant could switch his election. Former R.C. 4123.57(A) (130 Ohio Laws 932-933). “Good cause,” in turn, requires “unforeseen changed circumstances subsequent to the initial election and actual impaired earning capacity.” (Emphasis added.) State ex rel. Combs v. Goodyear Tire & Rubber Co. (1992), 62 Ohio St.3d 378, 381, 582 N.E.2d 990, 992.

The…