State ex rel. Gool v. Owens Illinois, Inc.

Former R.C. 4123.57 required a successful applicant for permanent partial disability compensation to select the method of payment — as a lump sum permanent partial disability award under former R.C. 4123.57(B) or as biweekly IEC compensation under former R.C. 4123.57(A). Election of IEC compensation, however, puts an affirmative burden on claimant — he or she must prove actual IEC and a causal relationship to the allowed conditions. State ex rel. Johnson v. Indus. Comm. (1988), 40 Ohio St.3d 384, 533 N.E.2d 775; State ex rel. Apgar v. Indus. Comm. (1989), 42 Ohio St.3d 5, 535 N.E.2d 1364.

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