Opinion
No. 9073
Decided December 17, 1968.
Workmen's compensation — Claim allowed for dermatitis of hands — Award for impairment of earning capacity sought — Extent of disability not an issue — Appeal, not mandamus, proper remedy.
IN MANDAMUS: Court of Appeals for Franklin County.
Mr. Harold Ticktin, for relator.
Mr. William B. Saxbe, attorney general, Mr. Walter Howdyshell and Mr. Robert J. Dodd, Jr., for respondent Industrial Commission.
Messrs. Arter, Hadden, Wykoff Van Duzer and Mr. Joseph A. Rotolo, for respondent Eaton Yale Towne, Inc.
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.
The relator does not allege any present condition of dermatitis, but seeks compensation for the wage impairment. Since extent of disability is not at issue, 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.
TROOP, J. (Presiding), DUFFY and HERBERT, JJ., concur.