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2012 Ohio 26
Ohio
2012
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Background

  • 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)
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Case Details

Case Name: State Ex Rel. Bilaver v. Industrial Commission
Court Name: Ohio Supreme Court
Date Published: Jan 10, 2012
Citations: 2012 Ohio 26; 131 Ohio St. 3d 132; 961 N.E.2d 675; 2010-1102
Docket Number: 2010-1102
Court Abbreviation: Ohio
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    State Ex Rel. Bilaver v. Industrial Commission, 2012 Ohio 26