You Can’t Get Back on Temporary Total Disability By Mowing the Grass and Picking Up Trash in Your Yard, Says the Ohio Supreme Court

A case decided on April 9, 2019 by the Ohio Supreme Court dealt with an injured worker who retired; claimed that she re-entered the workforce by "working" on her farm; had surgery; and then requested temporary total disability ("TTD") compensation.  Before we get into the specifics of the case, let's do a brief rundown of … Continue reading You Can’t Get Back on Temporary Total Disability By Mowing the Grass and Picking Up Trash in Your Yard, Says the Ohio Supreme Court

“If you quit your job, you can forget about Temporary Total Disability Compensation no matter what” says the Ohio Supreme Court

Having been recently reminded that sometimes this blog is a bit too “lawyerly” (read boring??), I am going to try and make this case update as exciting as possible. In this case, it will be relatively easy.  For starters, the Ohio Supreme Court just reversed itself.  More importantly, for those of us who represent employers, … Continue reading “If you quit your job, you can forget about Temporary Total Disability Compensation no matter what” says the Ohio Supreme Court

How to Make Your Voluntary Abandonment Argument Stick

The Ohio Supreme Court has made it increasingly difficult to terminate temporary total disability compensation based upon voluntary abandonment of employment. Case in point, the recent decision in State ex rel. Cordell v. Pallet Cos., Inc.  In this post, I’m going to discuss how employers can still take advantage of the voluntary abandonment defense, and … Continue reading How to Make Your Voluntary Abandonment Argument Stick

Industrial Commission Guidance On Voluntary Abandonment Of Employment

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 … Continue reading Industrial Commission Guidance On Voluntary Abandonment Of Employment