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STATE EX REL. FIRESTONE TIRE & RUBBER CO. v. INDUS. COMM.

No. 88-1872.

49 Ohio St. 3d 283 (1990)

THE STATE, EX REL. FIRESTONE TIRE & RUBBER COMPANY, APPELLEE AND CROSS-APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO; CALDWELL, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Dennis C. Belli and David P. Rieser, for appellee and cross-appellant.

Michael J. Muldoon, for appellant and cross-appellee.

Per Curiam.

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...

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