State Ex Rel. Robinson v. Industrial Commission, 2014 Ohio 546

Robinson, an LPN at Parma Care, was disciplined in Jan and Feb 2008 for rule violations and warned that further violations could lead to termination.
She sustained a work injury on April 10, 2008, with a workers’ compensation claim allowed for multiple spinal issues, leading to light-duty work.
On April 11–16, 2008, state surveyors reported failings in communications and patient care; the director of nursing prepared termination paperwork.
Robinson was not scheduled to work April 16–17; after nonresponse to supervisor calls, Parma Care terminated her for cause effective April 16, 2008.
Robinson obtained medical certification of temporary total disability beginning April 10, 2008; a physician later supported TTD as of that date.
A staff hearing officer denied TTD, concluding the termination for violation of a written work rule resulted in voluntary abandonment; Robinson challenged via mandamus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether discharge for a rule violation constitutes voluntary abandonment	Robinson argues voluntary abandonment requires fault or pretext; termination due to a workplace injury should not bar TTD.	Parma Care’s discharge for violating a written rule fits Louisiana-Pacific’s voluntary abandonment framework.	Yes; discharge arising from a written-rule violation can be voluntary abandonment.
Whether termination preceded medical certification of disability undermines TTD entitlement	Timing suggests pretext to avoid paying TTD after learning of disability.	Termination occurred on April 16 for policy violations, prior to any disability certification, supporting no-pretext.	No pretext; timing supports denial of TTD.
Whether evidence supports the commission’s finding of voluntary abandonment	Robinson refutes that handbook duties or known rules clearly defined dischargeable conduct.	Robinson was on notice via handbook, job description, and discipline forms confirming termination could result from misconduct.	Supported; evidence showed clear notice of potential termination for the violations.

State ex rel. Brown v. Hoover Universal, Inc., 132 Ohio St.3d 520 (2012-Ohio-3895) (voluntary abandonment can bar temporary-total benefits)
State ex rel. Rockwell Internatl. v. Indus. Comm., 40 Ohio St.3d 44 (1988) (discharge context in abandonment analysis)
State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., 72 Ohio St.3d 401 (1995) (test to show voluntary abandonment by written-rule violation)
State ex rel. Ashcraft v. Indus. Comm., 34 Ohio St.3d 42 (1987) (no-fault constraint on compensation; limits of abandonment concept)
State ex rel. Cline v. Abke Trucking, Inc., 137 Ohio St.3d 557 (2013-Ohio-5159) (no-fault framework; recent articulation of TTD principles)