Temporary Total Cases: Miscellaneous
(Supreme Court)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Injured
worker's actions as owner of rental property did not bar him from
receipt of temporary total. When doctor indicated on C-84 that
the condition was not MMI, evidence supported award of temporary
total.
Vote: 7-0
Opinion by: Per Curiam
Issue
of what conditions had been allowed must be clarified before Court can
determine whether or not request for temporary total was based on
non-allowed conditions where there was confusion over what conditions
had been allowed.
Vote: 7-0
Opinion by: Per Curiam
Hostage
leave benefits paid to prison guard were a collectively bargained
benefit which was not intended to replace temporary total. Therefore,
there is no offset against temporary total for hostage leave benefits.
Vote: 6-1
Opinion by: Justice Douglas
Evidence
supported injured worker's claim that her temporary total disability
was due to allowed condition of depression. Therefore, Commission
improperly denied temporary total.
Vote: 7-0
Opinion by: Per Curiam
Employees
who are temporary and totally disabled cannot be discharged for
absenteeism resulting from period of work missed while they are
temporarily and totally disabled.
Vote: 7-0
Opinion by: Justice Resnick
Teacher
who works for 9 months, but is paid over 12 months, is not barred from
receipt of temporary total during summer months because of payment for
period previously worked.
Vote: 6-1
Opinion by: Justice Douglas
Commission
did not abuse discretion by awarding temporary total for certain
periods. Fact that claimant quit work does not bar future temporary
total. Nor does fact that claimant engaged in other work bar future
temporary total when claimant becomes incapable of work.
Vote: 7-0
Opinion by: Per Curiam
Dispute
between employer and treating doctor would not justify termination of
temporary total; C-84s were valid evidence of temporary total, doctor
is allowed to anticipate return to work date after scheduled
appointment and is not required to fill out a new form to extend the
anticipated work date after the appointment.
Vote: 6-1, 1 concur in judgment
Opinion by: Per Curiam
Minimal
activities (signing checks for employees) relating to business owned by
injured worker which only secondarily produced income do not bar
temporary total.
Vote: 7-0
Opinion by: Per Curiam
Employer
which pays wage replacement instead of temporary total compensation is
not required to pay injured worker amount equal to entire amount of
temorary total due because it is entitled to an offset for taxes
withheld.
Vote: 6-1
Opinion by: O'Connor
Teacher
who is temporarily and totally disabled is entitled to receive either
temporary total compensation or salary for summer break.
Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam
Although
injured worker is not entitled to temporary total for period during
which he worked, fact that he had worked for one week during which
temporary total was awarded did not justify vacating entire award of
temporary total or finding of fraud.
Vote: 7-0
Opinion by: Per Curiam
Order
denying temporary total, which stated it was based on all proof in
file does not satisfy the requirement that an order state the evidence
relied on and the reasoning for the decision. Order was also invalid
because (1) denial of temporary total conflicts with statement in order
that employer's appeal was denied and (2) order did not explain how
employer's firing claimant satisfied requirements for a discharge to
bar receipt of temporary total.
Vote: 7-0
Opinion by: Per Curiam
Worker
who owned store was entitled to temporary total where she engaged in
minimal, non-income producing activities at store; fact that she bought
the store after suffering disability is irrelevant.
Vote: 7-0
Opinion by: Per Curiam
Temporary total cannot be based on non-allowed conditions.
Vote: 5-2
Opinion by: Per Curiam
Where
initial order omitted consideration of temporary total eligibility
for a period because there was no evidence at this time, temporary
total could subsequently be granted for that time because it was not a
determination to deny temporary total.
Vote: 4-2, 1 concur in judgment only
Opinion by: Justice Resnick
Self-insured
employer cannot terminate temporary total compensation when treating
doctor indicates that the injured worker is capable of doing limited
work (but is incapable of doing the duties required by the job she had
been doing when injured); the restrictions support continued temporary
total eligibility even though the injured worker might also qualify for
wage loss.
Vote: 6-0
Opinion by: Per Curiam
Claimant who received money for acting as pastor of church was working and therefore not eligible for temporary total.
Vote: 5-2
Opinion by: Justice Lundberg Stratton
Claimant
who receives money for labor is not entitled to temporary total
compensation, regardless of whether he shows a profit for his labor.
Vote: 7-0
Opinion by: Per Curiam
Where
Commission explicitly ordered offset against temporary total
compensation of money received from sickness and accident insurance
paid by employer, offset continued until Commission issued new order,
even though sickness and accident insurance stopped. Order to correct
amount could only go back two years from date of filing motion seeking
payment of correct amount.
Vote: 4-3
Opinion by: Per Curiam
Injured at Work?
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injured
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and
in court.
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disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
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