Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position

Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position

The Supreme Court of Ohio affirmed a decision by the state’s Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where, following her injury, the employee began working in a light-duty position that the employer made available to accommodate her physical restrictions, the employee left after an hour and did not return or consult with her physician despite indicating to her employer that she would do so.  Nor did the employee respond to the employer's warning that she would be terminated if she did not return, indicated the court.

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. Jacobs v. Industrial Comm’n, 2014-Ohio-1560, 2014 Ohio LEXIS 818 (Apr. 15, 2014) [2014 Ohio LEXIS 818 (Apr. 15, 2014)]

See generally Larson’s Workers’ Compensation Law, § 84.04, 85.01 [84.04, 85.01]

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

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