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Smith v. Goodyear Tire & Rubber Co.6/7/2005
rform light duties as assigned; and, based on his age, limited education and lack of requisite skills to perform a sedentary job, the presumption of plaintiff's disability was ongoing. Therefore, defendants failed to meet their burden of proof by failing to show which other jobs plaintiff wascapable of, despite his disability, when he became unable to perform light duty assignments. Notwithstanding plaintiff's work related radiculopathy, which was complicated by his diabetic polyneuropathy, plaintiff lacked the capacity to return to work, or earn a wage. The Commission properly concluded plaintiff suffered from an ongoing disability which rendered him incapable of any employment after 26 February 1999. The Opinion and Award of the Commission is affirmed.
Affirmed.
Judges TIMMONS-GOODSON and LEVINSON concur.
Report per Rule 30(e).
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