2012 Ohio 26
Ohio2012Background
- Bilaver left Fluid Line Products in September 2007 after his leave request was denied, and later sought temporary total disability (TTD) compensation.
- The Industrial Commission denied TTD, ruling Bilaver had voluntarily abandoned employment, barring compensation.
- Bilaver challenged in mandamus, the appellate court denied relief, and the case proceeded to the Ohio Supreme Court.
- Bilaver argued his departure was involuntary because he was fired improperly and not in line with Louisiana-Pacific Corp. v. Indus. Comm.
- The Court held Bilaver quit the job, giving two weeks’ notice; he did not show he secured another job.
- Letters dated September 27 and October 3, 2007 about the separation were inconclusive and did not prove entitlement to TTD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bilaver voluntarily abandon employment to bar TTD? | Bilaver contends he was fired improperly, not voluntarily quit. | Bilaver voluntarily left with notice, not fired. | Baker controls; no TTD without another job or hindrance by injury. |
| Was there evidence Bilaver secured another job or was prevented from doing so by injury? | Bilaver asserts he obtained or could obtain other employment. | No evidence Bilaver secured alternate employment or was prevented by injury. | No such evidence; denial of TTD affirmed. |
Key Cases Cited
- State ex rel. Baker v. Indus. Comm., 89 Ohio St.3d 376 (2000) (TTD requires securing other work or being prevented by injury)
- State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., 72 Ohio St.3d 401 (1995) (reassignment of firing procedures not conclusive here)
