Ohio Supreme Court September 5, 2001, No. 00-911 (State ex rel. Drone v. Industrial Commission)

Lundberg Stratton, J.,

dissenting. I dissent from the majority opinion and would calculate payment from September 1, 1988, the date the BWC discovered the error.

I believe that the clear intent of R.C. 4123.52 is to apply to all adjustments to changes in awards. R.C. 4123.52 refers to “any modification, change, finding, or award.” (Emphasis added.