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

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Abandonment of Employment — Retirement

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.

AT&T Teleholdings, Inc., State ex rel. v. Indus. Comm. (7/26/12)

An injured worker who accepts a voluntary retirement does not necessarily voluntarily abandon the job market and retains eligibility for temporary total when the retirement resulted from their injury.

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

Lucas, State ex rel. v. Indus. Comm. (4/26/12)

Some evidence supports Commission’s decision that injured worker voluntarily abandoned her employment by accepting early retirement at a time when she was not disabled.

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

Powertrain, State ex rel. v. Hudson (12/18/07)

Claimant who was receiving temporary total at time of retirement did not voluntarily abandon workplace and remained entitled to temporary total compensation.

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

Rockey, State ex rel. v. Sauder Woodworking Co. (3/31/11)

Some evidence supports finding that worker who took voluntary retirement abandoned his employment.

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

Sears Roebuck & Co., State ex rel. v. Indus. Comm. (4/30/15)

Commission entitled to rely on injured worker’s testimony in determining that injured worker retired due to effects of their injury and, as a result, did not voluntarily abandon the workforce.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District:  10