The Industrial Commission of Ohio recently updated the guidance it gives hearing officers regarding the issue of voluntary abandonment of employment. Memo D5 breaks down the three situations in which Ohio courts have found that injured workers “voluntarily abandoned” their employment and were therefore not entitled to temporary total disability (“TTD”) compensation. Industrial Commission Memo D5 sets out the following three scenarios and provides useful fact situations related to each: 1) Voluntary Retirement-for reasons unrelated to the injury; 2) Termination-the memorandum addresses, among other issues, when a series of formal “write ups” can take the place of a written work rule, and addresses the recent decision in State ex rel. Cordell v. Pallet Cos., Inc., which held that a termination for a positive post-accident drug test did not amount to a voluntary abandonment; and 3) Abandonment of the Workforce– a departure from employment with no re-entry into the workforce.
Published by Eric Rich
Eric Rich is a litigation and workers' compensation attorney with Ross, Brittain & Schonberg, Co, L.PA., a law firm devoted exclusively to the representation of management in all matters relating to the workplace. Eric assists large and small employers in multi-state occupational disease litigation, administrative and court proceedings, alleged workplace safety violations and structured settlement negotiations. Eric also advises employers regarding their obligations under the ADA, FMLA and other state and federal statutes. View all posts by Eric Rich