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

Under former R.C. 4123.57, in effect at the time of claimant’s injury, a claimant could choose the manner in which to receive permanent partial disability compensation — as impaired earning capacity compensation under R.C. 4123.57(A) or as permanent partial disability compensation under R.C. 4123.57(B). For “good cause shown,” however, a claimant could switch the,, election. R.C. 4123.57(A). “Good cause” requires “(1) unforeseen changed circumstances subsequent to the initial election, and (2) actual impaired earning capacity.” State ex rel. Combs v. Goodyear Tire & Rubber Co. (1992), 62 Ohio…