Garson Johnson Law Blog

Ohio Supreme Court Denied Payment of TT Due to Voluntary Abandonment of Employment

Ohio Supreme alert!  A recent decision by the Ohio Supreme Court denied the payment of temporary total disability due to a voluntary abandonment of employment.  The injured employee returned to work light duty. Within an hour the employee determined she could not carry out the work within her restrictions because of pain. She merely left work and did not contact or see her doctor despite telling the employer she would do so.  The Ohio Supreme Court deemed the injured employee abandoned her  employment and denied  compensation.

If you return to work light duty and the restrictions are not followed by the employer, the work exceeds the limitations provided or you cannot carry out the work even with the restrictions, you should NOT just walk off the job.  Go to your supervisor and/or the Human Resources officer and let them know the difficulties you are having.  Ideally put  something in writing as to why you cannot carry out the light duty job.  And contact your doctor immediately with regard to the difficulties you are having with the light duty restrictions so this is documented in the medical records.  The doctor may also provide a further report with modified or amended work restrictions.  Such a report should be submitted to your employer immediately.

If your employer modifies the work assignment to accommodate the light duty restrictions, then you are obligated to continue to work within those  unless  your doctor takes you off work completely.  ​

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