State ex rel. Crisp v. Industrial Commission

An employee-initiated retirement that is not precipitated by industrial injury is considered “voluntary.” State ex rel. Rockwell Internatl. v. Indus. Comm. (1988), 40 Ohio St.3d 44, 531 N.E.2d 678. Voluntary retirement precludes permanent total disability compensation. State ex rel. Chrysler Corp. v. Indus. Comm. (1991), 62 Ohio St.3d 193, 580 N.E.2d 1082. In this case, claimant’s permanent total disability denial was based on, among other things, voluntary retirement. Claimant argues that there is no evidence to support the commission’s conclusion that he voluntarily retired. Upon review, we…