State ex rel. Schack v. Industrial Commission

Summary

The Ohio Supreme Court held that a workers’ compensation claimant who left his former employment pursuant to a negotiated settlement and later obtained another job had not abandoned the labor market. Because medical evidence showed that his industrial injury prevented him from performing the new job, the court held that he remained eligible for temporary total disability compensation under State ex rel. Baker v. Industrial Commission. The court reversed the court of appeals’ judgment.

Holdings

1. A claimant who leaves the former position of employment for a reason other than an intention to abandon the labor market, later obtains other employment, and becomes medically unable to perform the new job because of the industrial injury remains eligible for temporary total disability compensation.

Questions Presented

1. Whether a claimant who leaves a former position of employment pursuant to a negotiated settlement, later obtains other employment, and then becomes medically unable to perform the new job is eligible for temporary total disability compensation.
2. Whether State ex rel. Baker v. Industrial Commission applies when the claimant's departure from the former position was not motivated by an immediately available better job.

Disposition

reversed