State ex rel. Baker Material Handling Corp. v. Indus. Comm

The Court stated in State ex rel. Baker Material Handling Corp. v. Indus. Comm. (1994), 69 Ohio St.3d 202, 1994 Ohio 437, 631 N.E.2d 138, "PTD compensation has an entirely different purpose than TTD compensation. PTD compensation presupposes that there is no prospect that the claimant will ever return to his former position or any other employment." The court noted that a claimant who is permanently and totally disabled is forever unfit for sustained remunerative employment and that it would be useless to force such a claimant to seek employment which he could not reasonably be expected to perform. The court also addressed the issue of retirement and stated, as follows: We hold that the effect of retirement upon an employee's eligibility for PTD compensation depends on whether the retirement is taken prior or subsequent to when the employee becomes permanently and totally disabled. Where an employee retires prior to becoming permanently and totally disabled, such employee is precluded from eligibility for PTD compensation only when the retirement is voluntary and constitutes an abandonment of the entire job market. Where an employee retires subsequent to becoming permanently and totally disabled, such employee is not precluded from eligibility for PTD compensation regardless of the nature or extent of the retirement. Id. at 212.