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

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Abandonment of Employment — New Job

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.

Goodyear Tire & Rubber Co., State ex rel. v. Indus. Comm. (3/30/06)

Issue for temporary total is whether injured worker had abandoned job market. Therefore, an injured worker who had quit the work he had done when injured, but returned to a new job, was eligible for temporary total even though he was not working at his new job when the condition became temporarily and totally disabling because of the effects of a separate condition.

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

Hassan, State ex rel. v. Indus. Comm. (12/3/02)

Worker who returned to work with a different employer after having been fired by employer he had been working for when injured is eligible for temporary total if allowed condition disables him after he has returned to work at his new job.

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

James, State ex rel. v. Wal-Mart Stores, Inc. (5/29/14)

Injured worker who was fired for absenteeism from a different employer than the employer of injury could be eligible for temporary total if the absences which caused the second employer to fire him were due to the allowed condition.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Connor
Appellate District: 10