2014 Ohio 3336
Ohio Ct. App.2014Background
- Relator Dana M. German injured her lower back at work (Oct. 20, 2008); claim initially allowed for lumbar sprain and she returned to light-duty work with a 5-pound restriction.
- German resigned from her employer PSH in March 2009, citing both pain and personal reasons (marriage/relocation); she then took a job at General Aluminum (Sept. 2009–Mar. 2010) buffing small parts.
- German stopped working after leaving General, separated from her husband shortly thereafter, moved in with her daughter, and has not sought work since; she later underwent surgery (Aug. 11, 2011).
- Treating physician Dr. Hochman certified temporary total disability (TTD) beginning May 25, 2011; German sought TTD for that period.
- A DHO awarded TTD; an SHO reversed, finding German voluntarily abandoned employment (counting three distinct positions) and thus was ineligible; relator filed mandamus to compel the commission to award TTD.
Issues
| Issue | Plaintiff's Argument (German) | Defendant's Argument (PSH/Commission) | Held |
|---|---|---|---|
| Whether the commission improperly found voluntary abandonment of PSH job | German: her resignation was injury-induced (pain); no objective medical proof required to corroborate her testimony | Commission: resignation coincided with marriage/relocation; no contemporaneous physician evidence showing she left due to allowed condition | Court: Commission did not abuse discretion; sufficient evidence supports finding of voluntary abandonment |
| Whether the commission improperly found voluntary abandonment of General job | German: she left General because 12-hour shifts exceeded her pain tolerance; testimony alone can establish injury-induced departure | Commission: medical record indicates termination; departure coincided with marital separation and relocation; she later did not seek work | Court: Commission did not abuse discretion; relator failed to prove departure was injury-induced |
| Whether the SHO shifted burden to German to disprove voluntary abandonment | German: SHO required objective medical corroboration, improperly shifting burden | Commission: claimant carries initial burden to show causation; then employer must show abandonment due to independent circumstances | Held: No impermissible burden-shifting; record shows commission made factual credibility determinations within its discretion |
| Whether the magistrate/SHO impermissibly supplemented or mischaracterized the record ("third job") | German: SHO/magistrate erred by referencing a non-existent third job and by adding context to commission's order | Commission: SHO counted distinct pre-injury and post-injury light-duty positions as separate jobs; magistrate explained why record supports that view | Held: No error — three distinct positions are supported by the record and the magistrate’s explanation was permissible fact-based analysis |
Key Cases Cited
- State ex rel. AutoZone, Inc. v. Indus. Comm., 117 Ohio St.3d 186 (court: abuse-of-discretion/some-evidence standard in mandamus)
- State ex rel. Hughes v. Goodyear Tire & Rubber Co., 26 Ohio St.3d 71 (mandamus: commission abuse-of-discretion requires lack of some evidence)
- State ex rel. Fiber-Lite Corp. v. Indus. Comm., 36 Ohio St.3d 202 (same)
- State ex rel. Avalon Precision Casting Co. v. Indus. Comm., 109 Ohio St.3d 237 (order adequately explained and supported by some evidence will not be disturbed)
- State ex rel. Mobley v. Indus. Comm., 78 Ohio St.3d 579 (credibility/weight decisions for commission)
- State ex rel. Ashcraft v. Indus. Comm., 34 Ohio St.3d 42 (two-part test for TTD: disabling injury and other factors preventing return)
- State ex rel. Rockwell Internatl. v. Indus. Comm., 40 Ohio St.3d 44 (injury-induced retirement not voluntary)
- State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., 72 Ohio St.3d 401 (terminations for violating clear written rule can be considered voluntary)
- State ex rel. McKnabb v. Indus. Comm., 92 Ohio St.3d 559 (importance of written rules for precluding TTD)
- State ex rel. McCoy v. Dedicated Transp. Inc., 97 Ohio St.3d 25 (reentry into workforce can reestablish TTD eligibility only if disability arises from original injury while working new job)
- State ex rel. Eckerly v. Indus. Comm., 105 Ohio St.3d 428 (explaining McCoy limitation on reestablishing TTD)