2017 Ohio 1020
Ohio Ct. App.2017Background
- On 11/5/2014 relator John Klein fractured two ribs at work and was hospitalized; Dr. Robert Marley later completed a Medco-14 indicating Klein was not released for any work from 11/5/2014 to 1/5/2015.
- Klein's last day worked for Precision Excavating was the date of injury, 11/5/2014; evidence (coworker statements and employer testimony) indicated Klein had plans to move to Florida around 11/20/2014.
- Klein sought TTD (temporary total disability) compensation; the commission awarded TTD for 11/6–11/19/2014 but denied TTD beginning 11/20/2014, finding Klein voluntarily abandoned his employment on 11/20/2014.
- The commission relied on employer and coworker statements that Klein intended to quit and move to Florida and on Klein’s inconsistent testimony to support the abandonment finding.
- Klein filed a mandamus action challenging the commission’s denial beyond 11/19/2014; the magistrate and this court found the commission abused its discretion by not resolving whether Klein remained medically unable to work on 11/20/2014 before deeming the separation voluntary.
- The court granted a limited writ: on remand the commission must determine whether the medical evidence shows Klein was unable to return to his former position on 11/20/2014; if so, TTD continues, if not, TTD ends as of 11/20/2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether commission abused discretion by finding voluntary abandonment on 11/20/2014 without resolving medical capacity that date | Klein: he remained medically unable to return as evidenced by Dr. Marley’s Medco-14, so he could not voluntarily abandon employment | Commission: there was some evidence Klein voluntarily quit to move to Florida for reasons unrelated to the injury | Court: Commission abused its discretion by failing to determine whether Klein was medically unable to return on 11/20/2014; remand required to make that medical determination |
| Whether Reitter Stucco (employee still disabled at termination retains TTD) controls | Klein: Reitter Stucco and Pretty Prods. protect employees who are disabled at time of separation | Commission: Hildebrand supports denial where worker-initiated quit unrelated to injury is supported by evidence | Court: Reitter/Pretty Prods. control when claimant was medically incapable of returning at time of separation; Hildebrand distinguishable because that worker had returned to restricted duty |
| Whether the Medco-14 alone establishes continued incapacity on 11/20/2014 | Klein: Medco-14 shows disability through 1/5/2015 and supports continuation of TTD | Commission: relied on nonmedical evidence of intent to quit and found abandonment despite Medco-14 | Court: Commission must evaluate whether the medical evidence it relies on (including the Medco-14) establishes inability to return on 11/20/2014; if so, abandonment cannot be found |
| Appropriate remedy | Klein: remand for commission to award continued TTD if medical evidence shows incapacity | Commission: no writ because some evidence supports abandonment finding | Court: limited writ granted — remand with instruction to determine medical incapacity on 11/20/2014 and then enter appropriate order |
Key Cases Cited
- State ex rel. Reitter Stucco, Inc. v. Indus. Comm., 117 Ohio St.3d 71 (reiterating that even a voluntary termination does not defeat TTD if claimant was disabled at discharge)
- State ex rel. Pretty Prods., Inc. v. Indus. Comm., 77 Ohio St.3d 5 (timing of separation matters; if disabled at departure claimant may remain eligible for TTD)
- State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., 72 Ohio St.3d 401 (three-part test for voluntary termination inquiry)
- State ex rel. Hildebrand v. Wingate Transp., Inc., 141 Ohio St.3d 533 (holding denial of TTD where worker voluntarily quit for reasons unrelated to injury after returning to restricted duty)
- State ex rel. Cordell v. Pallet Cos., Inc., 115 Ohio St.3d 249 (recognizing that a claimant who is medically incapable of returning to work at termination remains eligible for TTD when termination results from preinjury conduct discovered after injury)
- State ex rel. Brown v. Indus. Comm., 68 Ohio St.3d 45 (principle that claimant can abandon employment only if physically capable at time of abandonment)