Ohio: Firefighter’s Decision to Take Low Paying Job as Deer Herder Nixes Claim for Working Wage Loss

An Ohio appellate court recently found that a magistrate had properly determined the facts and applied the appropriate law in finding that the Commission had not abused its discretion when it, in turn, found that the worker, a former firefighter, had not utilized his best efforts to obtain suitable employment that would ultimately eliminate his wage loss where he ceased his active job search after slightly more than a month and took a job as a deer herd manager for his wife’s company for significantly less money than he made in his past employment.  Noting that it was not the employer’s burden to show that suitable work was available, but rather the firefighter’s burden to demonstrate a good faith effort to search for comparable paying suitable employment, the appellate court overruled the firefighter’s objections to the magistrate’s report.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See State ex rel. Oldaker v. Industrial Comm’n, 2014-Ohio-470, 2014 Ohio App. LEXIS 459 (Feb. 11, 2014) [2014 Ohio App. LEXIS 459 (Feb. 11, 2014)]

See generally Larson’s Workers’ Compensation Law, § 84.01 [84.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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