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STATE EX REL. CINERGY CORP./DUKE ENERGY v. HEBER

No. 2010-1535.

130 Ohio St.3d 194 (2011)

2011-Ohio-5027

THE STATE EX REL. CINERGY CORPORATION/DUKE ENERGY, Appellee, v. HEBER, Appellant; INDUSTRIAL COMMISSION OF OHIO, Appellee.

Supreme Court of Ohio.

Decided October 4, 2011.

Attorney(s) appearing for the Case

Frost, Brown, Todd, L.L.C., and Julie M. Bruns , for appellee Cinergy Corporation/Duke Energy.

Butkovich & Crosthwaite Co., L.P.A., and Joseph A. Butkovich , for appellant.

Michael DeWine , Attorney General, and Rachel L. Lawless , Assistant Attorney General, for appellee Industrial Commission of Ohio.

Per Curiam.

{¶ 1} At issue is appellant's, Arthur R. Heber's, eligibility for permanent total disability ("PTD") compensation. Heber was a long-time employee of appellee, Cinergy Corporation/Duke Energy. In 1970, he was injured. Nineteen years later, he retired from Cinergy and has not worked since.

{¶ 2} In 2008, Heber applied for PTD compensation. At proceedings...

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