Temporary Total Cases: Good Faith Job Offer (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Good Faith Job Offer

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.

Crisp, State ex rel v. Indus. Comm. (5/10/12)

An employer’s job offer only satisfies the requirement of “reasonable proximity” to an employee’s residence if it is within reasonable proximity of where the injured worker “lives and intends to remain for some period of time.”

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

Ellis Super Valu, Inc., State ex rel. v. Indus. Comm. (6/15/06)

Claimant who made counteroffer to employer’s offer of light duty did not voluntarily abandon employment and was entitled to receipt of temporary total compensation.

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

Flunder, State ex rel. v. Indus. Comm. (12/12/06)

Injured worker who refused written job offer within his restrictions was not entitled to temporary total compensation.

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

Markus, State ex rel. v. Indus. Comm. (6/29/04)

Where employer made written job offer based on restrictions more stringent than those of treating doctor, Commission did not abuse discretion by denying temporary total.

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

Pabon, State ex rel. v. Indus. Comm. (11/8/07)

Offer of employment which lists jobs but does not describe job duties, or that job duties are within injured worker’s restrictions, is not a valid written job offer which will justify terminating temporary total.

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

Pacheco, State ex rel. v. Indus. Comm. (12/12/17)

Job offer of work at desk job in lunch room is not objectively a “good faith” job offer which would bar temporary total when there is no evidence that the work can be performed in the lunch room.

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

Scott, State ex rel. v. Indus. Comm. (8/14/08)

Only a written job offer which identifies specific position and duties of that position can be considered when determining whether employer made a suitable offer of alternative employment which will justify termination of temporary total.

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