Ohio: Abandonment of the Workplace, Rather than Psychological Injury, Was Cause of Claimant’s Lack of Earnings

Ohio: Abandonment of the Workplace, Rather than Psychological Injury, Was Cause of Claimant’s Lack of Earnings

Where a claimant suffered a compensable back injury and medical evidence later indicated she had reached maximum medical improvement and where it also appeared that the claimant had not sought out employment after the MMI designation, it was within the Industrial Commission’s purview to deny claimant’s request for TTD compensation based on a psychological condition, held an Ohio appellate court recently.  The appellate court indicated there was evidence to support the Commission’s finding that claimant's lack of earnings was not due to her psychological condition, but rather to her voluntary abandonment of the workforce.

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. Roxbury v. Industrial Comm’n, 2014-Ohio-84 2014 Ohio LEXIS 31 (Jan. 15, 2014) [2014 Ohio LEXIS 31 (Jan. 15, 2014)]

See generally Larson’s Workers’ Compensation Law, § 84.04 [84.04]

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



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