State ex rel. Osborne v. Industrial Commission

R.C. 4123.57(B) establishes a compensation schedule for claimants who sustain the “loss” of an enumerated body part. “Loss” is not confined to amputation. A “total and permanent loss of use” also constitutes a compensable “loss.” State ex rel. Walker v. Indus. Comm. (1979), 58 Ohio St.2d 402, 12 O.O.3d 347, 390 N.E.2d 1190, syllabus. Claimant argues that ankylosis, as a matter of law, constitutes “loss of use,” and entitles her to R.C. 4123.57(B) compensation. Evidently, claimant’s position rests on the following statutory passage:

“For ankylosis (total stiffness of) or contractures (due to…