Is Incarceration Alone a Basis to Terminate An Award of Ptd ?
In State ex rel. Brown v. Indus. Comm. (1993), 68 Ohio St. 3d 45, 1993 Ohio 141, 623 N.E.2d 55, the injured worker was granted an award of PTD in 1972 following an industrial accident.
In 1989, the injured worker was incarcerated following conviction for a criminal offense.
The commission terminated payment of the PTD award because of the incarceration.
Brown does not hold that evidence of criminal activity is not evidence that the injured worker is actually capable of performing sustained remunerative activity.
Brown simply held that incarceration alone was not a basis to terminate an award of PTD.