Despite Getting Claim for Various Injuries Individual Capable of Getting Employment Based on His GED and Vocational Skills for Light Jobs Available In the Labor Market:
In State ex rel. Bruner v. Indus. Comm. (1997), 77 Ohio St.3d 243, 245, 1997 Ohio 43, 673 N.E.2d 1278, the claimant's claim was allowed for bruised left elbow, a strain and sprain of his left ankle, lumbar spine and thigh, as well as a herniated lumbar disc and aggravation of pre-existing degenerative disease.
The claimant was 59 years old, had obtained a GED, and had prior work experience as a maintenance worker and window washer.
The commission found that the claimant had sufficient vocational skills to obtain or to be trained for sedentary or light employment based upon the claimant's GED and the fact that there are positions available in the labor market at the unskilled sedentary and light levels.
On review, the court sent it back to the commission to reconsider the claimant's nonmedical disability factors; however, the court did not grant the claimant relief pursuant to Gay because he did possess a high school equivalency degree, his age was not work-prohibitive, and because his physical impairment was relatively low there may be sustained remunerative employment for which he was capable.