State ex rel. Mount Carmel Health v. Forte

Appellant does not dispute that the physical restrictions placed on claimant by Drs. Seeder and Stigliano are inconsistent with her nurse’s aide duties. She cannot, therefore, return to her former position of employment. State ex rel. Evans v. Pepsi-Cola Bottling Co. (1986), 22 Ohio St.3d 116, 22 OBR 196, 489 N.E.2d 792. It is her residual capacity for sedentary work that anchors appellant’s challenge. Because she retains that ability, appellant maintains that claimant’s earning capacity has not been diminished. Appellant alternatively argues that any potential impairment is unrelated to the…