State ex rel. Jones v. Kaiser Found. Hosp. Cleveland, 96-2225

Decision Date03 February 1999
Docket NumberNo. 96-2225,96-2225
Citation704 N.E.2d 570,84 Ohio St.3d 405
PartiesThe STATE ex rel. JONES, Appellant, v. KAISER FOUNDATION HOSPITALS CLEVELAND et al., Appellees.
CourtOhio Supreme Court

Mondello & Levey and Scott I. Levey, Cleveland, for appellant.

Duvin, Cahn & Hutton and Christine C. Covey, Cleveland, for appellee Kaiser Foundation Hospitals Cleveland.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission.

PER CURIAM.

A single issue is before us: Did the Industrial Commission abuse its discretion in denying, for lack of evidence of a good-faith job search, wage-loss compensation to claimant? Upon review, we find that it did not.

A claimant who seeks wage loss for the earnings differential between the former position of employment and subsequent employment may find the latter subject to scrutiny. This is particularly true where the subsequent job is not a "traditional" full-time job, but is instead a self-employed or part-time position. State ex rel. Pepsi-Cola Bottling Co. v. Morse (1995), 72 Ohio St.3d 210, 648 N.E.2d 827; State ex rel. Ooten v. Siegel Interior Specialists Co. (1998), 84 Ohio St.3d 255, 703 N.E.2d 306. Additional scrutiny serves to ensure that the requisite causal relationship exists, i.e., that claimant's job choice was motivated by an injury-induced unavailability of other work and was not simply a lifestyle choice.

In Ooten, we recently upheld a denial of wage-loss compensation to a claimant who, without first conducting a job search, became self-employed after he lost his ability to return to his former job. We reasoned that the claimant never put himself into the labor market long enough to demonstrate that his injury prevented him from securing other employment at the pre-injury rate. Consequently, we ruled that the commission did not err in concluding that considerations other than claimant's industrial injury motivated his decision to go into business for himself.

Unlike the claimant in Ooten, the present claimant argues that she performed a job search. While she admits that she presented no evidence of a job search, she claims that such evidence is unnecessary. She states that a job search should be inferred from her successful acquisition of subsequent employment. We disagree.

The mere fact of a job search does not entitle a claimant to wage-loss compensation. There is a qualitative component to that...

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15 cases
  • State ex rel. Rizer v. Indus. Comm.
    • United States
    • Ohio Supreme Court
    • February 9, 2000
    ...of part-time work, as compared to traditional full-time work, is subject to scrutiny. State ex rel. Jones v. Kaiser Found. Hosp. Cleveland (1999), 84 Ohio St.3d 405, 406-407, 704 N.E.2d 570, 571. Rizer's doctor reported that at no time while she was working as a part-time cashier was she re......
  • State ex rel. Johnson Controls, Inc. v. Montez, 2008 Ohio 3099 (Ohio App. 6/24/2008)
    • United States
    • Ohio Court of Appeals
    • June 24, 2008
    ...unavailability of other work and was not simply a life style choice.' " Id., quoting Timkin, citing State ex rel. Jones v. Kaiser Found. Hosp. Cleveland (1999), 84 Ohio St.3d 405, 407. {¶18} The award here breaks down into two categories: claimant's work with Metokote, and his work with Kni......
  • State ex rel. Oldaker v. Indus. Comm'n of Ohio
    • United States
    • Ohio Court of Appeals
    • February 11, 2014
    ...applied the same reasoning where a claimant accepts other employment and is not self-employed. {¶ 33} In State ex rel. Jones v. Kaiser Found. Hosp. Cleveland, 84 Ohio St.3d 405 (1999), the claimant's allowed condition left her unable to return to her former position of employment. She obtai......
  • State ex rel. Wilson v. Indus. Comm'n of Ohio
    • United States
    • Ohio Court of Appeals
    • June 13, 2012
    ...a wage loss statement(s) for every week during which wage loss compensation is sought. The Court, in State ex rel. Jones v. Kaiser Foundation Hospitals Cleveland (1999), 84 Ohio St.3d 405, clarified: The mere fact of a job search does not entitle a claimant to wage-loss compensation. There ......
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