State ex rel. Consolidation Coal Co. v. Yance

Two questions are presented: Should the cause be returned to the commission for: (1) consideration of the effect of claimant’s retirement? and (2) additional explanation pursuant to State, ex rel. Noll, v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245? For the reasons to follow, the cause is returned for further consideration.

State, ex rel. Chrysler Corp., v. Indus. Comm. (1991), 62 Ohio St.3d 193, 580 N.E.2d 1082, recently declared that voluntary retirement precludes receipt of permanent total disability benefits. In this case, the circumstances precipitating claimant’s retirement…