State ex rel. Gonzales v. Morgan
Annotate this CaseAppellant suffered an industrial injury and never returned to any type of employment. Appellant filed for permanent total disability compensation (PTD) six years later. The Industrial Commission of Ohio denied Appellant's application in an order that emphasized Appellant's refusal to participate in vocational rehabilitation. Appellant filed a complaint in mandamus in the court of appeals, alleging that the Commission had abused its discretion in denying PTD. The court of appeals concluded that the Commission did not abuse its discretion in deciding to hold Appellant accountable for his failure to participate in vocational rehabilitation when there was no evidence that he would not benefit from such services. The Supreme Court affirmed, concluding that (1) contrary to Appellant's suggestion, illiterate persons are neither unemployable nor, once injured, inherently permanently and totally disabled; and (2) Appellant was medically capable of sustained remunerative employment, so his rehabilitation potential was germane to the analysis.
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