State ex rel. Quarto Mining Co. v. Foreman

In State ex rel. Quarto Mining Co. v. Foreman (1997), 79 Ohio St.3d 78, 1997 Ohio 71, 679 N.E.2d 706, the commission awarded Glen Foreman PTD compensation. In 1972, Foreman was injured in a roof cave-in in an underground mine while working as a roof bolter for the mining company ("employer"). Foreman sustained serious injuries including the fracture of his distal right tibia and fibula and the dislocation of his right ankle. One year after his industrial accident, his attempt at returning to his former position of employment was unsuccessful. He eventually became a dispatcher for the mining company, but in 1984 suffered a myocardial infarction and never returned to work. In December 1985, Foreman filed an application for PTD compensation which was denied. Thereafter, in January 1989, he filed another application which was also denied. On his third application filed in August 1992, the commission awarded PTD compensation. In a lengthy order, the commission stated: "Furthermore, Mr. Foreman's advancing age 57 years and G.E.D. educational level do not serve as vocational assets in his attempt to acquire new and specialized vocational skills. Specifically, it is determined that Mr. Foreman's age and education indicate that he lacks the useful remaining industrial life, educational ability, and above average intellectual capacity in order for him to acquire the skills necessary for him to obtain a new vocation of a sit-down sedentary nature." Id. at 79-80.