State ex rel. Howard v. White-Westinghouse, Inc.
State ex rel. Howard v. White-Westinghouse, Inc.
Concurring Opinion
concurring. On the basis of stare decisis, I concur.
Opinion of the Court
A claimant has the burden of establishing, by proof of actual impaired earning capacity, an entitlement to R.C. 4123.57(A) compensation. State, ex rel. Johnson, v. Indus. Comm. (1988), 40 Ohio St. 3d 384, 533 N.E. 2d 775, syllabus; State, ex rel. Apgar, v. Indus. Comm. (1989), 42 Ohio St. 3d 5, 535 N.E. 2d 1364. Appellant submitted no such evidence here, claiming that such proof is unnecessary since the ten-percent permanent partial disability determination entitles her as of right to compensation for impaired earning capacity, the amount of which is to be computed using the ten-percent figure. However, because this proposition was conclusively rejected in Johnson, appellant’s argument fails.
Appellant also asserts that the
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The State, ex rel. Howard v. White-Westinghouse, Inc.
- Status
- Published