STATE EX REL. McNEA v. INDUS. COMM.

No. 2010-1770.

131 Ohio St.3d 408 (2012)

2012-Ohio-1296

THE STATE EX REL. McNEA, Appellant, v. INDUSTRIAL COMMISSION OF OHIO ET AL., Appellees.

Supreme Court of Ohio.

Decided March 29, 2012.


Attorney(s) appearing for the Case

Paul M. Friedman and Michael P. O'Malley , for appellant.

Michael DeWine , Attorney General, and Derrick L. Knapp , Assistant Attorney General, for appellee Industrial Commission.

Bashein & Bashein Co., L.P.A., and W. Craig Bashein ; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers , for appellee city of Parma.


Per Curiam.

{¶ 1} Appellee Industrial Commission of Ohio terminated appellant Donald F. McNea Jr.'s permanent total disability ("PTD") compensation after finding that he had engaged in sustained remunerative employment while receiving those benefits. McNea does not contest the termination of compensation after September 5, 2007. He does, however, object to the commission's finding that he was performing, or capable of performing, sustained...

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