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 voluntary abandonment of employment doctrine. In essence, when relying on this defense, the employer argues the injured worker’s own actions caused his or her loss of compensation rather than the work incident and therefore they would not be entitled to compensation. Previously, the Supreme Court limited the scope of this defense by holding that if an injured worker was disabled due to the work injury at the time of the separation of employment, the injured worker remained entitled to temporary total disability compensation.
Continue Reading Voluntary abandonment doctrine strengthened by Ohio Supreme Court