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

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Abandonment of Employment — Quit 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.

Cline, State ex rel. v. Abke Trucking, Inc. (5/1/12)

Employer has burden of proving that injured worker voluntarily abandoned their employment; injured worker forced to quit work due to non-allowed medical condition did not voluntarily abandon his emloyment.

Vote: 2-1
Opinion by: Judge Connor
Appellate District: 10

G & J Pepsi Cola Portsmouth Bottling Co., State ex rel. v. Indus. Comm. (7/17/08)

Injured worker’s testimony about facts leading to his decision to resign provided some evidence to support Commission’s finding that resignation was not a voluntary abandonment of employment.

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

Klein, State ex rel. v. Precision Excavating & Grading Co. (3/21/17)

Commission cannot find injured worker voluntarily abandoned his employment when he quit work and moved to a different state if the medical evidence establishes that he remained medically incapable of returning to his former employment at the time he quit his job.

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

McGinnis, State ex rel. v. Indus. Comm. (5/28/02)

Where injured worker left her employment for reasons unrelated to injury and made no effort to seek employment thereafter, temporary total properly denied based on injured worker’s abandonment of the job market.

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