State ex rel. Kirschner v. Industrial Commission

Former R.C. 4123.57 permitted claimants with a partial disability to choose how to receive those benefits — as a lump sum permanent partial disability award under former R.C. 4123.57(B) or as bi-weekly IEC compensation under section (A) of the same statute. However, unlike permanent partial disability compensation under former R.C. 4123.57(B), there is no automatic entitlement to IEC benefits once a permanent partial disability has been proven. State ex rel. Johnson v. Indus. Comm. (1988), 40 Ohio St.3d 384, 533 N.E.2d 775. A claimant must also prove actual IEC. Id. At issue is the claimant’s…