State ex rel. Ashcraft v. Industrial Com'n of Ohio, No. 86-602
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | PER CURIAM; MOYER; HERBERT R. BROWN |
| Citation | 517 N.E.2d 533,34 Ohio St.3d 42 |
| Parties | The STATE, ex rel. ASHCRAFT, v. INDUSTRIAL COMMISSION OF OHIO et al. |
| Docket Number | No. 86-602 |
| Decision Date | 16 December 1987 |
Page 42
v.
INDUSTRIAL COMMISSION OF OHIO et al.
Jeffries & Monteleone Co., L.P.A., and J. Michael Monteleone, Cleveland, for relator.
Anthony J. Celebrezze, Jr., Atty. Gen., and Gerald H. Waterman, Columbus, for respondent Industrial Com'n.
Vorys, Sater, Seymour & Pease and Robert A. Minor and Janice A. Judge, Columbus, for respondent Marion Power Shovel Div. of Dresser Industries, Inc.
PER CURIAM.
At the outset, this court takes notice of the fact that effective August 22, 1986, the legislature amended R.C. 4123.54 to prohibit a claimant's receipt of workers' compensation or benefits while confined in a penal institution in this or any state for conviction of violation of the criminal law of this or any other state. Hence, the resolution of this matter will only concern workers' compensation applications filed before August 22, 1986.
The Industrial Commission based its February 5, 1986 order on the decision of the Tenth District Court of Appeals in State ex rel. Jones & Laughlin Steel Corp. v. Indus. Comm. (1985), 29 Ohio App.3d 145, 29 OBR 162, 504 N.E.2d 451. The issue before the court in that case was whether a claimant's voluntary retirement from the workplace precluded an award of temporary total disability benefits, even though the claimant may otherwise be eligible therefor. In resolving this question, the appellate court looked to this court's decision in State ex rel. Ramirez v. Indus. Comm. (1982), 69 Ohio St.2d 630, 23 O.O.3d 518, 433 N.E.2d 586, which defined a temporary total disability as a disability which prevents a worker from returning to his former position of employment. The appellate court interpreted this definition as not only requiring that the injury render the claimant unable to perform the functions of the former position, but that the injury also prevented him from returning to that position. The court reasoned:
"A worker is prevented by an industrial injury from returning to his former position[517 N.E.2d 535] of employment where, but for the industrial injury, he would return to such former position of employment.
Page 44
However, where the employee has taken action that would preclude his returning to his former position of employment, even if he were able to do so, he is not entitled to continue temporary total disability benefits since it is his own action, rather than the industrial injury,...To continue reading
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King v. Industrial Com'n of Utah, No. 920464-CA
...51 (1991) (holding employee not entitled to compensation during period of incarceration); State ex rel. Ashcraft v. Industrial Comm'n, 34 Ohio St.3d 42, 517 N.E.2d 533 (1987) (denying temporary total disability compensation because incarceration was "voluntary" act removing claimant from wo......
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State ex rel. Gross v. Indus. Comm., No. 2005-1689.
...to compensation for lost earnings during the period of disability while the injury heals. State ex rel. Ashcraft v. Indus. Comm. (1987), 34 Ohio St.3d 42, 517 N.E.2d 533. Generally, TTD benefits terminate when the employee returns to work, is capable of returning to work, or has reached max......
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State ex rel. Klein v. Precision Excavating & Grading Co., No. 2017-0589
...loss of wages, that claimant is no longer eligible for temporary-total-disability compensation. State ex rel. Ashcraft v. Indus. Comm. , 34 Ohio St.3d 42, 44, 517 N.E.2d 533 (1987).{¶ 16} We have carved out an exception to this voluntary-abandonment rule—an exception that Klein relies on he......
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State ex rel. Walmart, Inc. v. Hixson, 2021-1479
...for the loss of earnings which he incurs while the injury heals,'" McCoy at ¶ 35, quoting State ex rel. Ashcraft v. Indus. Comm., 34 Ohio St.3d 42, 44, 517 N.E.2d 533 (1987). To qualify for temporary-total-disability compensation, the injured worker is required to show that "a cause-and-eff......
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King v. Industrial Com'n of Utah, No. 920464-CA
...51 (1991) (holding employee not entitled to compensation during period of incarceration); State ex rel. Ashcraft v. Industrial Comm'n, 34 Ohio St.3d 42, 517 N.E.2d 533 (1987) (denying temporary total disability compensation because incarceration was "voluntary" act removing claimant from wo......
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State ex rel. Gross v. Indus. Comm., No. 2005-1689.
...to compensation for lost earnings during the period of disability while the injury heals. State ex rel. Ashcraft v. Indus. Comm. (1987), 34 Ohio St.3d 42, 517 N.E.2d 533. Generally, TTD benefits terminate when the employee returns to work, is capable of returning to work, or has reached max......
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State ex rel. Klein v. Precision Excavating & Grading Co., No. 2017-0589
...loss of wages, that claimant is no longer eligible for temporary-total-disability compensation. State ex rel. Ashcraft v. Indus. Comm. , 34 Ohio St.3d 42, 44, 517 N.E.2d 533 (1987).{¶ 16} We have carved out an exception to this voluntary-abandonment rule—an exception that Klein relies on he......
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State ex rel. Walmart, Inc. v. Hixson, 2021-1479
...for the loss of earnings which he incurs while the injury heals,'" McCoy at ¶ 35, quoting State ex rel. Ashcraft v. Indus. Comm., 34 Ohio St.3d 42, 44, 517 N.E.2d 533 (1987). To qualify for temporary-total-disability compensation, the injured worker is required to show that "a cause-and-eff......