Temporary Total Cases: Abandonment of Employment — Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Abandonment of Employment — Miscellaneous

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Angell Manuf. Co., State ex rel. v. Long (12/4/03)

Employees who lose their jobs after participating in a lawful strike have not voluntarily abandoned their employment and remain eligible for temporary total.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10

Darden, State ex rel. v. Indus. Comm. (12/22/05)

Commission improperly found that claimant had voluntarily abandoned her employment based on failure to take drug test, when Commission failed to consider whether injury was causally connected to violation of work rule.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10

Estes Express Lines, State ex rel. v. Indus. Comm. (5/7/09)

Layoff does not bar temporary total

Vote: 3-0
Opinion by: Judge McGrath
Appellate District: 10

Griffin, State ex rel. v. Indus. Comm. (9/30/04)

When Commission determines whether injured worker is barred from temporary total because of abandonment of employment, it must consider issue of whether abandonment was caused by a condition causally related to the industrial injury, even if the condition was not diagnosed until after the employment was abandoned.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Krogman, State ex rel. v. B&B Ents. Napco Flooring, L.L.C. (4/21/15)

Injured worker’s abandonment of workforce can occur over period of years and Commission is not required to identify a specific date on which abandonment occurred to find abandonment which bars temporary total.

Vote: 3-0
Opinion by: Judge Horton
Appellate District: 10

Monroe, State ex rel. v. Indus. Comm. (9/29/05)

Evidence did not support Commission finding that injured worker had voluntarily abandoned his employment.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

OmniSource Corp., State ex rel. v. Indus. Comm. (2/21/06)

Factual determination about effect of suspension of driver’s license of truck driver due to an incident which was not related to the industrial injury must be resolved in order to determine whether suspension of driver’s license resulted in voluntary abandonment of employment.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10

Pierron, State ex rel. v. Indus. Comm. (6/28/07)

Some evidence supports Commission’s finding that claimant voluntarily abandoned his employment.

Vote: 2-0, 1 concurs separately
Opinion by: Judge French
Appellate District: 10

Vonderheide, State ex rel. v. Multi-Color Corp. (5/3/18)

Activities on family farm constituted “work” and demonstrated that injured worker had not abandoned the job market.

Vote: 2-1
Opinion by: Brunner
Appellate District:
 10

Wilkes, State ex rel. v. Indus. Comm. of Ohio & Warren Tube Co. (4/13/10)

Injured worker did not voluntarily abandon his employment when he left hospital before urine test could be taken when there was no evidence that hospital’s request for urine sample was communicated to him, or that the hospital was acting on the employer’s behalf when it sought a urine test.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10