State ex rel. Burdette v. Dayton Walther Corp.

Appellant seeks a writ of mandamus to order the Industrial Commission to award him permanent total disability benefits due to his work-related impairment of pulmonary silicosis.

R.C. 4123.68 concerns disabling occupational diseases contracted by employees in the work place. Division (Y) provides, inter alia, that “[compensation * * * on account of silicosis * * * [is] payable only in the event of temporary total disability, permanent total disability or death * * * ff

In the case sub judice, appellant sought a permanent total award. However, the evidence establishes that although he may be…