State ex rel. Boyd v. Frigidaire Div., General Motors Corp.
| Decision Date | 27 June 1984 |
| Docket Number | No. 83-1393,83-1393 |
| Citation | 11 Ohio St.3d 243,465 N.E.2d 83 |
| Parties | , 11 O.B.R. 555 The STATE, ex rel. BOYD, Appellee, v. FRIGIDAIRE DIVISION, GENERAL MOTORS CORP., Appellant; Industrial Commission of Ohio, Appellee. |
| Court | Ohio Supreme Court |
On November 6, 1975, relator-appellee, Harold A. Boyd, was injured while employed by respondent-appellant, Frigidaire Division, General Motors Corporation. His workers' compensation claim was allowed and temporary total disability benefits were awarded.
Beginning February 1, 1977, Boyd began receiving permanent total disability benefits under appellant's Hourly Rate Employees' Pension Plan. These benefits were non-occupational disability benefits under a program where the employer paid the entire contribution.
On August 30, 1979 Boyd's request for an award of permanent total disability benefits from the respondent-appellee Industrial Commission was denied, but he was awarded continued temporary total disability benefits which were paid directly by appellant. Effective January 6, 1980, claiming authority under R.C. 4123.56, appellant began reducing Boyd's weekly temporary total disability benefits by the amount Boyd was entitled to receive per week under the company disability pension plan.
In February 1980, Boyd filed a motion with the commission requesting an order to compel appellant to resume paying full temporary total disability benefits. The motion was ultimately denied by the commission.
Boyd then brought this action in mandamus in the court of appeals seeking the issuance of a writ to compel appellant to pay the full amount of temporary total disability benefits awarded.
The court of appeals allowed the writ and the cause is now before the court upon an appeal as of right.
E.S. Gallon & Associates and Glenda Morgan Daker, Dayton, for appellee boyd.
Cowden, Pfarrer, Crew & Becker and Joseph P. Buchanan, Dayton, for appellant.
Anthony J. Celebrezze, Jr., Atty. Gen., Lee M. Smith and Michael L. Squillace, Asst. Attys. Gen., for appellee Industrial Com'n.
The sole issue raised by this appeal is whether R.C. 4123.56 authorizes appellant to reduce an employee's temporary total disability benefits by the amount of benefits received for permanent total disability under an employer's plan.
It is appellant's contention that R.C. 4123.56 as it existed on the date of Boyd's injury applies and authorizes the setoff. At that time, R.C. 4123.56 provided, in relevant part:
"If any compensation for total disability has been paid for the same period or periods for which non-occupational disability insurance or benefits is or has been paid pursuant to an insurance policy or program to which the employer has made the entire contribution or payment for providing such insurance or benefits, compensation for total disability for such period or periods shall be paid only to the extent by which such payment or payments exceeds the amount of such non-occupational insurance or benefits paid or payable." (135 Ohio Laws, Part I, 1699.)
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