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

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Corman, State ex rel. v. Allied Holdings, Inc. (6/14/12)

Injured worker abandoned work force and could not receive temporary total compensation when he retired and did not seek other work even though he was not medically incapable of working.

Vote: 7-0
Opinion by: Per Curiam

Floyd, State ex rel. v. Formica Corp. (8/27/14)

Whether injured worker retains eligibility for temporary total after retirement depends on whether they permanently abandoned the entire job market when they retired which requires the Commission to make a factual determination of intent.

Vote: 7-0
Opinion by: Per Curiam

Honda of Am. Mfg., Inc., State ex rel. v. Indus. Comm. (5/7/14)

Where evidence indicated that injured worker retired due to effects of allowed condition, injured worker remained eligible for post-retirement temporary total benefits.

Vote: 4-3
Opinion by: Per Curiam

Klein, State ex rel. v. Precision Excavating & Grading Co. (9/27/18)

Injured worker who voluntarily retires loses eligibility for temporary total compensation, even if they were incapable of working at the time they retired.

Vote: 4-0, 3 concur in judgment only
Opinion by: French

Lackey, State ex rel. v. Indus. Comm. (6/29/11)

Commission did not abuse its discretion finding that retirement was unrelated to injury. Because injured worker did not return to job market after retirement, injured worker was not entitled to temporary total.

Vote: 7-0
Opinion by: Per Curiam

Rouan, State ex rel. v. Indus. Comm. (10/11/12)

Worker who took disability retirement based on disability which was not related to the workplace injury voluntarily retired and lost eligibility for post-retirement temporary total compensation.

Vote: 7-0
Opinion by: Per Curiam

Williams, State ex rel. v. Coca Cola Ents., Inc. (12/6/06)

Retirement due to a condition which is not work-related bars temporary total.

Vote: 7-0
Opinion by: Per Curiam