Wright v. Dir., Ohio Dept. of Job & Family Servs.
2014 Ohio 2663
Ohio Ct. App.2014Background
- Frank W. Wright worked in heavy manual labor until a 1984 injury left him restricted to sedentary/supervisory work; BWC granted temporary total disability (TTD) initially 1984–1988 but he returned to sedentary work from 1988 onward.
- Wright was laid off from his sedentary job at CBS for lack of work on August 9, 2010, applied for and received unemployment benefits from Aug 21, 2010 through Oct 29, 2011.
- In October 2011 Wright sought reinstatement of TTD under his 1984 claim; the Industrial Commission granted TTD retroactive to Aug 10, 2010, and BWC paid ODJFS the overlapping retroactive TTD sums per R.C. 4123.56(A).
- ODJFS issued a redetermination (Feb. 17, 2012) finding Wright ineligible for unemployment for the period and ordering repayment of $28,728 as an overpayment, reasoning Wright was not physically able to perform his customary duties.
- Wright appealed through the Director and the Unemployment Compensation Review Commission (telephone hearings); the commission affirmed denial. The Franklin County Court of Common Pleas affirmed, and Wright appealed to the Tenth District Court of Appeals.
Issues
| Issue | Wright's Argument | ODJFS's Argument | Held |
|---|---|---|---|
| Whether Wright was physically able to perform his customary (sedentary) job duties while receiving unemployment (Aug 2010–Oct 2011) | Wright: Evidence shows he was capable of light/sedentary supervisory work and had performed such work since 1988; affirmative medical statements support sedentary capacity | ODJFS: Wright was on TTD and told by his doctor he could not work; thus he was not able to work as required by law | Court: Reversed — record shows Wright could perform light/sedentary duties; commission's finding that he was unable to work is not supported by the evidence |
| Whether the adjudication ordering repayment for an alleged $28,728 overpayment was lawful | Wright: He was entitled to unemployment benefits for the period; no overpayment occurred | ODJFS: Payment overlapped with TTD entitlement; thus an overpayment must be recouped | Court: Reversed — because Wright was entitled to unemployment benefits during the period, ODJFS's overpayment determination was erroneous |
Key Cases Cited
- Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs., 73 Ohio St.3d 694 (1995) (sets appellate standard: board determinations may be reversed only if unlawful, unreasonable, or against the manifest weight of the evidence)