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State ex rel First Energy Corp. v. Stover6/11/2002
minations and barely passed both the GED and the Police Academy. As tested by the WRAT, her reading level is below sixth grade, at which most newspapers and other frequently read publications are written. Overall, aptitude information obtained from today's tests is inconsistent with Mr. Finnegan's summary of Mrs. Stover's vocational potential. It does not appear that Mr. Finnegan actually tested Mrs. Stover's skills, but rather he surmised, based on past work history, that she possessed average aptitudes. This is not the case when looking at her overall below average scores on today's tests. On her guard job she says that any report writing of logs were of a checklist nature and the words became familiar to her so she knew how to accurately complete her logs.
It is doubtful that she would have the intellectual capacity to complete a training program such as work processing because this would require a much higher level of academic ability than Mrs. Stover appears to possess. This is also not to mention the fact that she would likely be unable to sustain a seated position at a computer or desk for any length of time during a normal work day without experiencing increased back discomfort that would ultimately render her a poor producer. Based on today's assessment alone she does not appear to have the physical capacity to sit at a table for any length of time without discomfort, nor does she have the dexterities necessary to work productively with her hands.
This is a woman with various work experience, but an inability to work at any of these past jobs due to severe low back and leg pain. Two surgeries and a variety of therapies over the last nearly 20 years has brought about little improvement. She does not appear to be a good candidate for job retraining due to her low basic skill level and her limited physical capacity. She has been deemed too disabled for work by the Social Security Administration who has granted her SSDI . Overall, Mrs. Stover is a very poor candidate for return to work.
11. Relator submitted a vocational report prepared by John Finnegan, M.Ed., CRC, CCM, and dated February 16, 2001. Mr. Finnegan concluded that relator's age of fifty-three years would not effect her ability to meet basic demands of entry level jobs, and that her ability to obtain her GED and to complete basic police academy training were positive factors affecting her ability to meet the basic demands of employment. Although Mr. Finnegan indicated that claimant noted on her PTD application that she cannot read, write or perform basic math, she completed her GED and additional police academy training and, as such, Mr. Finnegan concluded that there was no evidence in the file to indicate the presence of a learning disability. He concluded that her background demonstrated the ability to develop academic and other skills required to perform entry level sedentary to light duty jobs. Mr. Finnegan listed several jobs which relator could perform including returning to her past work as a security guard.
12. An employability assessment was prepared by Janice Grun, M.Ed., CRC, CDMS, and dated February 22, 2001. Based upon the report of Dr. Bauer, Ms. Grun concluded that there were no employment options available to claimant. However, based upon the medical report of Dr. Purewal, Ms. Grun concluded that relator could immediately perform the following jobs: "Security guard, waitress, title clerk, employment interviewer, contact representative, examiner."
13. Claimant's application was heard before a staff hearing officer ("SHO") on April 16, 2001, and resulted in an order granting the requested compensation. The SHO relied upon the medical report of Dr. Purewal for the conclusion tha
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