2018 Ohio 3890
Ohio2018Background
- John Klein injured his ribs and suffered hemopneumothorax at work on November 5, 2014; his treating physician certified he was temporarily unable to work through January 5, 2015.
- Before the injury Klein told coworkers and his employer he planned to move to Florida and had given (or intended to give) two weeks’ notice; he informed BWC of a Florida address by November 26, 2014.
- Klein applied for temporary-total-disability (TTD) compensation; a district hearing officer awarded TTD only through November 19, 2014, finding Klein voluntarily abandoned employment effective November 20, 2014, for reasons unrelated to the injury.
- The Industrial Commission affirmed; the Tenth District granted a limited writ, relying on Reitter Stucco/OmniSource and remanded for a medical-capacity determination at the date of separation.
- The Ohio Supreme Court granted review, overruled Reitter Stucco and OmniSource, and held that a claimant who voluntarily leaves for reasons unrelated to the workplace injury is ineligible for TTD even if still disabled at separation; it reversed the court of appeals and denied mandamus.
Issues
| Issue | Plaintiff's Argument (Klein) | Defendant's Argument (Industrial Commission/Precision) | Held |
|---|---|---|---|
| Whether a claimant who voluntarily abandons employment for reasons unrelated to the injury remains eligible for TTD if medically unable to work at the time of separation | Klein: Under Reitter Stucco/OmniSource (and Pretty Prods.), a claimant cannot be treated as having voluntarily abandoned if medically incapable of returning at separation | Commission: Voluntary abandonment for non-injury reasons severs causal link to wage loss and disqualifies claimant from TTD | Overruled Reitter Stucco and OmniSource; held voluntary abandonment for reasons unrelated to the injury disqualifies claimant from TTD even if disabled at separation |
| Whether the commission abused its discretion in stopping Klein’s TTD after Nov. 19, 2014 | Klein: Commission should have determined medical capacity on Nov. 20 and, if disabled then, continue TTD | Commission/Precision: Record evidence (statements, notices, change of address) supports finding Klein voluntarily resigned before Nov. 20, 2014 | No abuse of discretion; some evidence supports commission’s finding that Klein voluntarily abandoned employment and TTD properly ceased after Nov. 19, 2014 |
Key Cases Cited
- State ex rel. Reitter Stucco, Inc. v. Indus. Comm., 117 Ohio St.3d 71 (2008) (held claimant still eligible for TTD if medically incapable of returning at termination)
- State ex rel. OmniSource Corp. v. Indus. Comm., 113 Ohio St.3d 303 (2007) (same rule as Reitter Stucco)
- State ex rel. McCoy v. Dedicated Transport, Inc., 97 Ohio St.3d 25 (2002) (TTD requires causal connection between injury and loss of earnings)
- State ex rel. Pretty Prods., Inc. v. Indus. Comm., 77 Ohio St.3d 5 (1996) (distinguished: termination caused by the injury is not voluntary abandonment)
- State ex rel. Ashcraft v. Indus. Comm., 34 Ohio St.3d 42 (1987) (voluntary acts unrelated to injury bar TTD)
- Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216 (2003) (three-part test for overruling precedent)
- State ex rel. Hildebrand v. Wingate Transport, Inc., 141 Ohio St.3d 533 (2015) (applied voluntary-abandonment rule to resignation)
- State ex rel. Cordell v. Pallet Cos., Inc., 149 Ohio St.3d 483 (2016) (applied Pretty Prods./medical-capacity analysis in termination-for-misconduct context)
- State ex rel. Bilaver v. Indus. Comm., 131 Ohio St.3d 132 (2012) (employee who resigned on two weeks’ notice after injury was not entitled to TTD)