State ex rel. Pauley v. Industrial Commission

Upon review of the *264record, we find that the court of appeals erred in granting a limited writ of mandamus.

At the time the court of appeals decided this case, it did not have the benefit of recent rulings by this court on the question of impairment of earning capacity under former R.C. 4123.57(A). In the syllabus of State, ex rel. Johnson, v. Indus. Comm. (1988), 40 Ohio St. 3d 384, 533 N.E. 2d 775, we stated that when a “claimant elects to receive compensation under R.C. 4123.57(A), proof of actual impairment of earning capacity must be presented to support an award of weekly compensation…