State ex rel. McDaniel v. Industrial Commission

{¶ 1} Appellee, Carl C. McDaniel, was awarded permanent total disability compensation in 1991. In 2006, appellant, Industrial Commission of Ohio, determined that McDaniel had undertaken sustained remunerative employment while receiving this compensation, and it terminated that award. The court of appeals vacated that order, citing State ex rel. Lawson v. Mondie Forge, 104 Ohio St.3d 39, 2004-Ohio-6086, 817 N.E.2d 880. The commission challenges that judgment.

{¶ 2} In 2003, the Bureau of Workers’ Compensation received information that McDaniel was operating a lawn-care business. Investigation…