State ex rel. Oldaker v. Industrial Commission
143 Ohio St. 3d 405
Ohio2015Background
- Kenneth D. Oldaker II, a Columbus firefighter since 1987, sustained an on-duty right-knee injury in 2009; his claim was allowed for knee conditions and he received temporary-total disability and later partial disability retirement.
- In April 2012 Oldaker accepted a 35-hour/week deer-herd manager job with his wife’s company, earning about $322.50/week versus his prior $1,677.85/week firefighter wage.
- Oldaker applied for wage-loss compensation to cover the wage differential under R.C. 4123.56(B).
- A BWC staff hearing officer found the Crosswoods job was medically suitable but not comparably paying and concluded Oldaker failed to make a good-faith, continued search for comparably paying suitable work; the application was denied.
- The Tenth District denied mandamus relief; the Ohio Supreme Court affirmed, agreeing the Commission did not abuse its discretion because Oldaker stopped searching after taking the low-paying family job.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Oldaker’s Crosswoods job is "comparably paying" | Oldaker: vocational report shows reduced earning capacity; job is comparably paying given his post-injury prospects | IC: wage disparity is large; job is not comparably paying | Held: Not comparably paying (wage far below prior average) |
| Whether Oldaker made a good-faith search for comparably paying suitable work | Oldaker: had a brief search and then took full-time job with potential for growth; no duty to continue | IC: he stopped searching after hire and expressly ceased efforts; must continue search absent realistic prospect of comparable pay | Held: He failed to make consistent, sincere, best attempts; duty to continue not excused |
| Whether vocational evidence required Commission to accept reduced earning capacity | Oldaker: vocational evaluation supports his position | IC: Commission is exclusive evaluator of employability and may reject or discount vocational reports | Held: Commission not required to adopt the vocational report |
| Whether wage loss was caused by allowed conditions vs. lifestyle choice | Oldaker: reduced capacity caused wage loss | IC: post-injury job choice subject to scrutiny to ensure wage loss results from injury, not lifestyle | Held: Broad-based analysis supports denying compensation where claimant stopped job search and accepted low-paying family job |
Key Cases Cited
- State ex rel. Ameen v. Indus. Comm., 100 Ohio St.3d 161 (2003) (wage-loss compensation framework and duration)
- State ex rel. Reamer v. Indus. Comm., 77 Ohio St.3d 450 (1997) (actual wage loss must be caused by allowed conditions)
- State ex rel. Watts v. Schottenstein Stores Corp., 68 Ohio St.3d 118 (1993) (causation requirement for wage loss)
- State ex rel. Jackson v. Indus. Comm., 79 Ohio St.3d 266 (1997) (Commission not bound to accept vocational evidence)
- State ex rel. Jones v. Kaiser Found. Hosp. Cleveland, 84 Ohio St.3d 405 (1999) (scrutiny when claimant takes lower-paying job to distinguish injury-caused loss from lifestyle choice)
- State ex rel. Timken Co. v. Kovach, 99 Ohio St.3d 21 (2003) (broad-based analysis when subsequent job is lower paying)
- State ex rel. Brinkman v. Indus. Comm., 87 Ohio St.3d 171 (1999) (excusing continued search where part-time work has realistic prospect of becoming comparably paying)