State ex rel. Alesci v. Industrial Commission

{¶ 1} Appellant-claimant, Elaine M. Alesci, began receiving permanent total disability compensation (“PTD”) on May 5, 1989. On June 20, 2000, the Ohio Bureau of Workers’ Compensation moved appellee, Industrial Commission of Ohio, to terminate PTD and to declare an overpayment, alleging that claimant had demonstrated the ability to engage in sustained remunerative employment while receiving both PTD and Disabled Workers’ Relief Fund benefits.

{¶ 2} As evidence of the ability, the bureau showed that claimant had babysat for five families from 1992 through 1996. The evidence did not establish a…