State ex rel. Cinergy Corp./Duke Energy v. Heber

{¶ 1} At issue is appellant’s, Arthur R. Heber’s, eligibility for permanent total disability (“PTD”) compensation. Heber was a long-time employee of appellee, Cinergy Corporation/Duke Energy. In 1970, he was injured. Nineteen years later, he retired from Cinergy and has not worked since.

{¶ 2} In 2008, Heber applied for PTD compensation. At proceedings before a staff hearing officer for appellee Industrial Commission of Ohio, the issue of Heber’s retirement was raised. In the order that followed, the staff hearing officer noted that according to Heber, he retired because of his injury. The…