State ex rel. Smothers v. Mihm

Claimant has already been found to be permanently and totally disabled. Once this determination has been made, “the employee shall receive an award to continue until his death.” (Emphasis added.) R.C. 4123.58(A). The lifetime nature of the award negates the need for continuing medical proof on claimant’s behalf.

The character of a permanent total disability award does not, however, mean that the award is completely immune from later review. If, for example, the commission learns that the claimant is working or engaging in activity inconsis*568tent with his permanent total disability status, the…