Wage Loss Cases: Job Search, Good Faith (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Wage Loss: Job Search, Good Faith

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.

Accusport Corp., State, ex rel. v. Indus. Comm. (8/12/04)

Commission is entitled to consider additional factors beyond number of job contacts in determining that a claimant for wage loss has conducted a good faith job search; one of the factors the Commission can consider in determining that a claimant made a good faith job search is the fact that they found and accepted a qualified job.

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

AFG Indus., State ex rel. v. Indus. Comm. (4/6/04)

Order granting wage loss compensation must make finding regarding issue of whether evidence demonstrated that injured worker conducted an adequate job search for comparably paying work.

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

Bishop, State ex rel. v. Indus. Comm. (8/30/05)

Injured worker was not barred from wage loss compensation by failure to continue looking for work after finding work as a car salesman where decision to work at that job was not a lifestyle choice.

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

Jackson, State ex rel. v. Indus. Comm. (3/10/09)

Injured worker was not barred from receipt of wage loss by failure to conduct job search when evidence demonstrated that lower paying job was due to injured worker’s injury and not a lifestyle choice.

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

Marrero, State ex rel. v. Indus. Comm. (8/27/09)

Where there was no evidence of a good faith job search, and no evidence that a good faith job search was unnecessary, the Commission did not abuse its discretion when it denied working wage loss.

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

Roberts, State ex rel. v. Indus. Comm. (11/1/16)

Injured worker who is working at physical and mental limitation is not required to conduct good faith job search to receive working wage loss.

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

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

There is no absolute requirement that working wage loss claimant conduct a job search; therefore Commission did not abuse its discretion by awarding wage loss to self-employed injured worker who started own business after unsuccessfully searching for work for 92 weeks.

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