Today, the Ohio Court of Appeals, Tenth Appellate District (Franklin County), interpreted a new law as permitting the payment of temporary total disability (TTD) compensation to an injured worker following surgery, even though the employer had terminated him, and he had not been working up to the date of his surgery.
The Ohio General Assembly passed a law effective 9/15/2020, R.C. 4123.56(F), that eliminated the principle of “voluntary abandonment,” which had been used for many years to deny injured workers temporary total disability compensation when they either voluntarily left the workforce or were terminated from their jobs. In today’s decision, the Court of Appeals said “[i]f a claimant is unable to work, R.C. 4123.56(F) sets forth two operative questions to be eligible for TTD compensation:
(1) whether he or she is unable to work as the direct result of an impairment arising from an injury or occupational disease; and (2) whether he or she is otherwise qualified to receive TTD compensation.” This statute does not impose an additional requirement that the injured worker prove he/she is unable to work SOLELY due to an impairment arising from the injury.
Read the entire decision at https://www.supremecourt.ohio.gov/rod/docs/pdf/10/2023/2023-Ohio-633.pdf. This case is likely headed to the Supreme Court of Ohio, and the employer has 45 days to file an appeal as of right. If you feel you were unfairly denied compensation in your claim, please call us today. 614-221-1300.