44 Ohio St. 2d 46 | Ohio | 1975
In the recent case of State, ex rel. Commercial Motor Freight, v. Stebbins (1975), 42 Ohio St. 2d 389, 391, this court held that an award of temporary total disability to an employee who had previously been awarded permanent partial disability was “clearly a determination as to the extent of disability. Claimant’s right to partid-
In this case, the award of permanent partial disability to claimant was a determination as to the extent of disability, and was not appealable.
On authority of Commercial Motor Freight, supra, the judgment of the Court of Appeals dismissing the relator’s action in mandamus is reversed, and the cause is remanded to that court to hear the merits of relator’s complaint in mandamus.
Judgment reversed.
R. C. 4123.519, as pertinent here, provides:
“The claimant or the employer may appeal a decision of the Industrial Commission in any injury case, other than a decision as to the extent of disability * * * .”