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STATE EX REL. MOUNT CARMEL HEALTH v. FORTE

No. 92-631.

65 Ohio St.3d 335 (1992)

THE STATE EX REL. MOUNT CARMEL HEALTH, APPELLANT, v. FORTE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Douglas M. Bricker, for appellant.

Gibson & Robbins-Penniman Co., L.P.A., and Gus Robbins-Penniman, for appellee Forte.

Lee I. Fisher, Attorney General, and William J. McDonald, Assistant Attorney General, for appellees Industrial Commission et al.

Per Curiam.

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...

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