Pre-Injury Infractions and TTD

Barkan Meizlish , May 13, 2015

An injured workers’ voluntary abandonment of their former position of employment can preclude temporary total disability compensation. State ex rel. Rockwell Internatl. v. Indus. Comm., 40 Ohio St.3d 44 (1988). Moreover, when an employer fires an employee, it can still constitute a voluntary abandonment. However, State ex rel. Gross v. Indus. Comm., 115 Ohio St.3d 249, 2007-Ohio-4916 indicated that a pre-injury infraction undetected until after the injury is not grounds for concluding the injured worker voluntarily abandoned their employment.

Recently, in State ex rel. Cordell v. Indus. Comm., 2014-Ohio-5561, the Court vacated a denial of Temporary Total Disability compensation that had been based on the “doctrine of voluntary abandonment.” In Cordell, an injured worker was terminated for a pre-injury infraction, which was allegedly discovered by the employer after the injury took place. As such, the injured worker filed a mandamus action, which was granted. The mandamus action was granted because the Court found that the pre-injury infraction that was undetected until after the injury took place did not constitute a voluntary abandonment by the employee.

Thus, if you are denied temporary total compensation, you should contact an attorney as soon as possible.

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