DeLozier v. Sommer

The issue before us concerns the vitality of that part of the first paragraph of R. C. 4323.-59 dealing with “* # * partial disability as provided in division (A) of Section 4123.57 of the Revised Code * * as part of the conditions established in R. C. 4123.59 for the payment of compensation where an individual dies of a work-related injury or illness. The present court admit-*270ed this case for the purpose of reexamining’ the conclusion of Emmons v. Keller (1970), 21 Ohio St. 2d 48, and particularly paragraph two of the syllabus of that case. We are of the opinion that the facts before the…