Employer Law Report

Tag Archives: Industrial Commission

Voluntary abandonment doctrine strengthened by Ohio Supreme Court

On Sept. 27, 2018,the Ohio Supreme Court took the unusual step of overturning two prior decisions in an attempt to clarify a confusing aspect of workers’ compensation law. A long-standing tenet of workers’ compensation law, temporary total disability compensation, is intended to compensate an injured worker when they are unable to work due to a work-related injury. To be entitled to temporary total disability compensation, an injured worker must be medically unable to work and the inability to work must be caused by the work injury.

One exception to this rule, and a defense routinely used by employers, is the …

Ohio Supreme Court Upholds Denial of TTC to Retired Employee

The Ohio Supreme Court issued a decision in State ex rel. Rouan v. Indus. Comm., last month making it clear that employees who retire, and thereby remove themselves from the workforce, for reasons unrelated to their workers’ compensation claims are ineligible to receive Temporary Total Compensation. ("TTC").

Patricia Rouan, a social services inspector for Mahoning County, hurt her leg at work on May 24, 2004. She received Temporary Total Disability compensation benefits through May 15, 2005, at which time the Ohio Bureau of Workers’ Compensation ("BWC") terminated her benefits. On June 1, 2005, the BWC issued an order stating …

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