STATE EX REL. QUARTO MINING CO. v. FOREMAN

No. 95-248.

79 Ohio St.3d 78 (1997)

THE STATE EX REL. QUARTO MINING COMPANY, APPELLANT, v. FOREMAN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 18, 1997.


Attorney(s) appearing for the Case

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellant.

Larrimer & Larrimer and David H. Swanson, for appellee Glen Foreman.

Betty D. Montgomery, Attorney General, and Melanie Cornelius, Assistant Attorney General, for appellee Industrial Commission of Ohio.


Per Curiam.

This appeal raises two issues. The first question presented is whether the commission, in evaluating claimant's application for PTD compensation, abused its discretion by failing to initiate the issue of whether claimant's retirement precludes his eligibility for PTD compensation. This question can also be framed in terms of whether the employer waived the retirement issue by not raising it administratively. The second issue is whether the cause...

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