STATE EX REL. ACKERMAN v. INDUS. COMM.

No. 2002-0355.

99 Ohio St.3d 26 (2003)

2003-Ohio-2448

THE STATE EX REL. ACKERMAN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided May 16, 2003.


Attorney(s) appearing for the Case

Cline, Cook & Weisenburger Co., L.P.A., Clint M. McBee and Steven B. Winters, for appellant.

Jim Petro, Attorney General, and Keith D. Blosser, Assistant Attorney General, for appellee.


Per Curiam.

{¶ 1} At issue is the determination of appellee, Industrial Commission of Ohio, that appellant-claimant, Delbert H. Ackerman, engaged in—or was capable of engaging in—sustained remunerative employment while receiving permanent total disability compensation ("PTD"). Because the performance of—or ability to perform—sustained remunerative employment bars PTD, that finding triggered compensation termination and...

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