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STATE EX REL. KIRBY v. INDUS. COMM.

No. 2002-0517.

97 Ohio St.3d 427 (2002)

2002-Ohio-6668

THE STATE EX REL. KIRBY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 13, 2002.

Attorney(s) appearing for the Case

Sheerer, Pitts, Zerebniak & Stocker Co., L.P.A., and Thomas Pitts, for appellant.

Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee Industrial Commission.

Susan E. Baker, for appellee Theodore Bogner & Sons, Inc.

Per Curiam.

{¶ 1} Appellant-claimant, Charles M. Kirby, was awarded permanent total disability compensation ("PTD") in 1982 for an injury sustained with appellee Theodore Bogner & Sons, Inc. In 1999, the Bureau of Workers' Compensation received an anonymous tip that claimant was working.

{¶ 2} Surveillance through the summer of that year and into 2000 revealed that claimant was at least periodically doing paid home improvement and...

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