Ohio Court of Appeals, 1968

State Ex Rel. Lurty v. Industrial Commission

State Ex Rel. Lurty v. Industrial Commission
Ohio Court of Appeals · Decided December 17, 1968 · Teoop, Dueey, Heebebt
244 N.E.2d 773; 17 Ohio App. 2d 156; 46 Ohio Op. 2d 214; 1968 Ohio App. LEXIS 302 (North Eastern Reporter, Second Series)

State Ex Rel. Lurty v. Industrial Commission

Opinion of the Court

Per Curiam.

Relator seeks an award for an impairment in earning capacity under the provisions of Section 4123.57 (A), Revised Code. Relator had a claim allowed for a dermatitis of the hands. He was employed as a “wet” grinder at the time, and since has been a “dry” grinder. The pay for the latter job is 31 cents per hour less than that received by the “wet” grinder.

*157 The relator does not allege any present condition of dermatitis, but seeks compensation for the wage impairment. Since extent of disability is not at issne, the case is governed by the recent case of State, ex rel. Foley, v. Greyhound Lines, 16 Ohio St. 2d 6. Appeal rather than mandamus would be the proper remedy.

Writ denied.

Teoop, J. (Presiding), Dueey and Heebebt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.