Temporary Total Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Miscellaneous

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.

Advantage Tank Lines, State ex rel. v. Indus. Comm. (6/29/04)

Where claimant is found eligible for temporary total and permanent partial awards for same time period, claimant is entitled to receive both awards.

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

Apcompower, Inc., State ex rel. v. Indus. Comm. (9/30/04)

Claimant whose claim is suspended pursuant to R.C. 4123.651 for failure to attend a medical exam is entitled to payment of temporary total for the period covered by the suspension when that suspension is lifted.

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

Bennett, State ex rel. v. Indus. Comm. (8/28/08)

Commission did not abuse discretion when it terminated temporary total compensation upon award of statutory permanent total.

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

Navistar, State ex rel. v. Indus. Comm. (8/10/04)

[1] Commission properly granted temporary total based on C-84s which indicated anticipated future dates of MMI. Anticipated future dates of MMI were not an indication of MMI. [2] Existence of collective bargaining agreement with provisions for a claimant to seek lighter duty work does not satisfy the requirement of O.A.C. 4121-3-32(B)(d), which would justify denying temporary total based on failure to accept a written job offer of suitable employment. A job offer must be made in writing, within the claimant’s restrictions, and must identify the position offered and the job responsibilities. [3] Commission did not violate due process by considering temporary total denial on employer’s appeal when claimant had not appealed DHO’s denial of temporary total. Appeal by one party at administrative level makes the entire order subject to review.

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

Ready, State ex rel. v. Indus. Comm. (12/1/09, posted 12/1/09)

Injured worker who had had temporary total terminated for failure to accept work within his physical restrictions was not entitled to temporary total when he failed to ask Commission to exercise continuing jurisdiction based on new and changed circumstances.

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

SBC/Ameritech, State ex rel. v. Indus. Comm. (9/27/05)

Self-insurer which approved surgery and started paying temporary total based on recovery period from surgery could not later have that temporary total vacated as due to a non-allowed condition.

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

Stalker v. Indus. Comm. (3/11/04)

R.C. 4123.56 cap on amount of temporary total benefits does not violate equal protection.

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

West, State ex rel. v. Goffena Furniture, Inc. (9/12/02)

Commission order denying temporary total did not adequately explain why doctor’s report did not establish causal relationship between disability and injury.

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