State ex rel. Preston v. Peabody Coal Co.

R.C. 4123.61 states in pertinent part: “The average weekly wage of an * * * employee * * * at the time disability due to the occupational disease begins shall be taken as the basis upon which to compute benefits.” The question presented in this appeal is whether “disability,” in the case of CMP, begins when the employee quits work or when he is found to be totally disabled.

All parties concede that appellant was disabled to some degree when he quit his job. Appellant contends, however, that in the case of CMP, “disability,” as used in R.C. 4123.61, can refer only to total disability, inasmuch…