Temporary Total Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Bea, State ex rel. v. Kroger Co. (12/20/00)

Issue of what conditions had been allowed must be clarified before Court can determine whether or not request for temporary total was based on non-allowed conditions where there was confusion over what conditions had been allowed.

Vote: 7-0
Opinion by: Per Curiam

Collins, State ex rel. v. Indus. Comm. (1/31/01)

Evidence supported injured worker’s claim that her temporary total disability was due to allowed condition of depression. Therefore, Commission improperly denied temporary total.

Vote: 7-0
Opinion by: Per Curiam

Coolidge v. Riverdale Local School Dist. (10/22/03)

Employees who are temporary and totally disabled cannot be discharged for absenteeism resulting from period of work missed while they are temporarily and totally disabled.

Vote: 7-0
Opinion by: Justice Resnick

Crim, State ex rel. v. Ohio Bur. of Workers’ Comp. (8/15/01)

Teacher who works for 9 months, but is paid over 12 months, is not barred from receipt of temporary total during summer months because of payment for period previously worked.

Vote: 6-1
Opinion by: Justice Douglas

Dayton Foods Ltd. Partnership, State ex rel. v. Unger (12/15/04)

Dispute between employer and treating doctor would not justify termination of temporary total; C-84s were valid evidence of temporary total, doctor is allowed to anticipate return to work date after scheduled appointment and is not required to fill out a new form to extend the anticipated work date after the appointment.

Vote: 6-1, 1 concur in judgment
Opinion by: Per Curiam

Gen. Motors Corp., State ex rel. v. Indus. Comm. (4/9/08)

Employer which pays wage replacement instead of temporary total compensation is not required to pay injured worker amount equal to entire amount of temporary total due because it is entitled to an offset for taxes withheld.

Vote: 6-1
Opinion by: O’Connor

Glenn, State ex rel. v. Indus. Comm. (7/30/09)

Teacher who is temporarily and totally disabled is entitled to receive either temporary total compensation or salary for summer break.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

Goodwin, State ex rel. v. Indus. Comm. (1/28/10)

Although injured worker is not entitled to temporary total for period during which he worked, fact that he had worked for one week during which temporary total was awarded did not justify vacating entire award of temporary total or finding of fraud.

Vote: 7-0
Opinion by: Per Curiam

Hadbavny, State ex rel. v. Indus. Comm. (5/29/02)

Order denying temporary total, which stated it was based on all proof in file does not satisfy the requirement that an order state the evidence relied on and the reasoning for the decision. Order was also invalid because (1) denial of temporary total conflicts with statement in order that employer’s appeal was denied and (2)  order did not explain how employer’s firing claimant satisfied requirements for a discharge to bar receipt of temporary total.

Vote: 7-0
Opinion by: Per Curiam

Jackson Tube Services, Inc. v. Indus. Comm. (5/7/03)

Temporary total cannot be based on non-allowed conditions.

Vote: 5-2
Opinion by: Per Curiam

Kroger Co., State ex rel. v. Indus. Comm. (1/7/98)

Where initial order omitted consideration of temporary total eligibility for a period because there was no evidence at this time, temporary total could subsequently be granted for that time because it was not a determination to deny temporary total.

Vote: 4-2, 1 concur in judgment only
Opinion by: Justice Resnick

Nestle USA – Prepared Foods Div., Inc. v. Indus. Comm. (4/14/04)

Self-insured employer cannot terminate temporary total compensation when treating doctor indicates that the injured worker is capable of doing limited work (but is incapable of doing the duties required by the job she had been doing when injured); the restrictions support continued temporary total eligibility even though the injured worker might also qualify for wage loss.

Vote: 6-0
Opinion by: Per Curiam

Ritzie, State ex rel. v. Reece-Campbell, Inc. (12/16/15)

Record supported Commission decision to reject doctor’s opinion that injured worker was temporarily and totally disabled.

Vote: 7-0
Opinion by: Per Curiam