State ex rel. Kirby v. Industrial Commission

{¶ 1} Appellant-claimant, Charles M. Kirby, was awarded permanent total disability compensation (“PTD”) in 1982 for an injury sustained with appellee Theodore Bogner & Sons, Inc. In 1999, the Bureau of Workers’ Compensation received an anonymous tip that claimant was working.

{¶ 2} Surveillance through the summer of that year and into 2000 revealed that claimant was at least periodically doing paid home improvement and maintenance work for others. Claimant was witnessed at numerous locations (1) *428using power saws, (2) doing exterior painting and preparation, including ladder work, (3) carrying…