Monast Law Office - January 2019

The Supreme Court Muddies the Waters for Temporary Total Disability

For years, Ohio courts have held that an injured worker is entitled to temporary total disability (TTD) as long as they are disabled when they voluntarily leave their employment. But in a recent Ohio Supreme Court case, they held that claimants are now ineligible for TTD if they voluntarily remove themselves from their former position of employment for reasons unrelated to their injury — even if they remain disabled after they leave. In 2014, John Klein sustained a chest injury. His physician wrote him off work through an estimated Jan. 5, 2015. Prior to the injury, Klein had contemplated moving to Florida for the warmer climate, early bird specials, and better job opportunities. Two weeks after his Ohio injury, he informed the BWC of his new Florida address. The Industrial Commission awarded him TTD, but only through November 20, 2014 — the date that Klein left Ohio for Florida. TTD was denied after that date with the finding that Klein voluntarily quit for reasons unrelated to the allowed conditions, even though he was already disabled by his injuries before moving to Florida for better job opportunities. The Tenth District Court of Appeals overturned the Industrial Commission’s decision, citing previous supreme court cases clearly establishing that, if allowed conditions have already disabled someone from the job duties of the former position of employment, subsequent events are irrelevant. But the employer appealed to the supreme court, which reversed and overruled this long-established case law.

In effect, the court has turned voluntary abandonment into even more of a Rube Goldberg machine. After all, you cannot “abandon” something from which you’re already disabled as a result of a work injury. Klein was unable to work because of a chest injury. His move to Florida did not magically cure his chest injury, but the court

ruled that he could not continue to receive benefits to compensate for his lost wages.

If you’re confused by this ruling, you’re not the only one. This bad, poorly-reasoned decision by the Supreme Court further muddies the waters on what is already a confusing situation for injured workers. It’s the perfect example of a moment in which having a lawyer can make all the difference in your case. If you’ve been injured at work in Ohio, give me a call at 614-515-2595 today, and we’ll work to ensure that the same thing that happened to Klein doesn’t happen to you!

SUDOKU

ABBY’S APPETIZERS PEANUT BUTTER & BERRY FRENCH TOAST

Inspired by Delish

INGREDIENTS

• • • • •

8 slices brioche, 1/2-inch thick 1/4 cup creamy peanut butter

• • • • •

2 cups cornflakes

2 tablespoons unsalted butter

2 large eggs

2 cups mixed berries

1/8 cup heavy cream

Powdered sugar, to sprinkle Maple syrup, for serving

2 teaspoons pure vanilla extract

DIRECTIONS

1. On a large baking sheet lined with wax paper, place 4 slices of brioche and spread 1 tablespoon of peanut butter on each. Cover with remaining slices, creating sandwiches. 2. In a pie plate, beat eggs with cream and vanilla. In another, coarsely crush the cornflakes. 3. Lightly soak sandwiches in the egg mixture, then dredge in cornflakes, pressing to adhere. Return to baking sheet. 4. In a large skillet over medium heat, melt 1 tablespoon butter. Once melted and up to temperature, add sandwiches, cooking on one side until golden and crisp, about 2–3 minutes. 5. Return sandwiches to baking sheet, add remaining butter, and repeat on other side. 6. Top sandwiches with berries, sprinkle with powdered sugar, and serve with maple syrup.

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