State ex rel. Firestone Tire & Rubber Co v. Industrial Commission

A claimant who is capable of sustained remunerative employment is not permanently and totally disabled. State, ex rel. Jennings, v. Indus. Comm. (1983), 1 Ohio St. 3d 101, 1 OBR 135, 438 N.E. 2d 420. Firestone’s argument is contingent upon that finding: If claimant did not engage in sustained remunerative employment, then no viable basis for opposing continued permanent total disability compensation exists.1 This critical finding, however, is presently unreviewable since the commission’s order does not identify the evidence upon which it relied on as required by State, ex rel. Mitchell, v.…