State ex rel. Gobich v. Industrial Commission

{¶ 1} In 1998, appellee Industrial Commission of Ohio granted the application of appellee-claimant, John F. Gobich, for permanent total disability (“PTD”) *586compensation and awarded compensation retroactive to July 3, 1996. In 2002, the Bureau of Workers’ Compensation alleged that claimant had worked during this period and moved to have PTD benefits terminated, an overpayment assessed, and fraud declared.

{¶ 2} The evidence showed that before being declared PTD, claimant had done a couple of odd jobs in 1996 and 1997. These jobs became problematic when the commission backdated claimant’s PTD…