2017 Ohio 1169
Ohio Ct. App.2017Background
- Cynthia D. Sheets was a Verizon employee who, on October 7, 2013, tripped at work, sought treatment, and was released to light-duty work the same day.
- Several days earlier (Oct. 3–4, 2013) management reviewed video showing Sheets allowed an unauthorized person to view a customer account, initiated termination paperwork, and obtained necessary approvals to terminate her on Oct. 7.
- Sheets was terminated later on Oct. 7 for violating the employer’s Code of Conduct; she subsequently filed a workers’ compensation claim and was certified temporarily totally disabled effective Oct. 7, 2013.
- A district hearing officer (DHO) and then a staff hearing officer (SHO) awarded temporary total disability (TTD) compensation, relying on State ex rel. Gross v. Indus. Comm. (Gross II) to reject a voluntary-abandonment defense because the misconduct predated the injury.
- The Industrial Commission granted employer reconsideration, exercised continuing jurisdiction, vacated the SHO award, and denied TTD benefits finding Sheets voluntarily abandoned employment by committing dischargeable misconduct prior to the injury.
- Sheets sought a writ of mandamus to compel the Commission to reinstate TTD; the court of appeals adopted the magistrate’s decision and denied the writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gross II bars use of pre-injury misconduct to deny TTD | Sheets: Gross II means pre-injury conduct cannot be used to deny TTD; termination for pre-injury misconduct occurring before injury cannot break causal link | Employer/Commission: Gross II is distinguishable where the employer decided to terminate before the injury; pre-injury misconduct that led to a pre-decision to fire can sever causal link | Held: Gross II is distinguishable — because termination decision and approvals occurred before the injury, pre-injury misconduct can support finding of voluntary abandonment and defeat TTD |
| Whether the Commission properly exercised continuing jurisdiction to reconsider SHO order | Sheets: SHO correctly applied Gross II; Commission lacked basis to reopen | Commission: SHO committed a clear mistake of law in applying Gross II to these facts; reconsideration permissible under Nicholls | Held: Commission properly exercised continuing jurisdiction based on clear mistake of law and vacated the SHO order |
| Whether the Commission’s finding of voluntary abandonment is supported by evidence | Sheets: Commission ignored SHO findings and credibility determinations | Commission/Employer: record shows video, termination paperwork, policy/training proof and approvals pre-dating injury | Held: Some evidence supports the Commission’s factual findings (paperwork, approvals, video, policy), so no abuse of discretion; mandamus denied |
| Whether the magistrate/commission improperly created policy or ignored Supreme Court precedent | Sheets: Commission/magistrate overstepped by effectively creating new law contrary to Gross II | Respondents: They applied Gross II where appropriate and distinguished it on facts; no new policy created | Held: Court found no creation of new law; Gross II is fact-specific and does not automatically bar reliance on pre-injury misconduct when termination decisions predate the injury |
Key Cases Cited
- State ex rel. Gross v. Indus. Comm., 115 Ohio St.3d 249 (2007) (Gross II) (reconsideration holding that where the misconduct that caused the injury also caused discharge, termination may be involuntary and TTD payable)
- State ex rel. McCoy v. Dedicated Transport, Inc., 97 Ohio St.3d 25 (2002) (to receive TTD, claimant must be medically unable to return and the injury must cause the actual loss of earnings)
- State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., 72 Ohio St.3d 401 (1995) (termination for known dischargeable misconduct can constitute voluntary abandonment barring TTD)
- State ex rel. Haddox v. Indus. Comm., 135 Ohio St.3d 307 (2013) (discusses interplay of TTD and voluntary-abandonment and summarizes Gross II rationale)
- State ex rel. Jones & Laughlin Steel Corp. v. Indus. Comm., 29 Ohio App.3d 145 (10th Dist. 1985) (TTD compensates lost earnings caused by the industrial injury; voluntary acts breaking causal link bar TTD)