State ex re. Autozone Stores, Inc. V. Indus. Comm., 2024-Ohio-5519 was finally decided by the Ohio Supreme Court on November 26, 2024. In a very favorable opinion for employers the court overturned the 10th District Court of Appeals decision issued in March 2023 which interpreted R.C. 4123.56(F) and set forth a two-part test that allowed injured workers to receive temporary total disability compensation without even having a job to return to.
In AutoZone, the injured worker was working light duty when he was terminated for his involvement in an argument with a coworker. He had surgery less than 2 months after the termination and requested temporary total disability compensation (“TTD”). The commission granted TTD from the date of surgery to the date of the SHO hearing and the employer filed a mandamus action in the 10th District Court of Appeals. The Court created a two-part test to determine whether claimant is entitled to TTD under R.C. 4123.56(F): 1) whether he or she was unable to work as a direct result of an impairment arising from the injury or occupation disease, and 2) whether he or she is otherwise qualified to receive TTD. The court held there was no requirement that the commission look back to events surrounding the claimant’s termination and no requirement that the claimant prove he or she is unable to work solely due to the impairment arising from the claim. Because the claimant was unable to work due to the allowed conditions, TTD was payable. The court rejected the company’s arguments the claimant did not lose any wages because he was unemployed at the time of his disability.
Autozone appealed this decision to the Ohio Supreme Court and the court held the claimant was not entitled to TTD, holding under the plain language of R.C. 4123.56(F) (which is reprinted below) “unable to work as a direct result of” requires the claimant to establish a causal relationship exists between the injury and the inability to work, or wage loss. The court found although the claimant was unable to work as the direct result of his shoulder surgery, under the second sentence of R.C. 4123.56(F) the claimant was not working as the direct result of reasons unrelated to his injury. The claimant was terminated from his job and did not have a new job. The court held a person must be employed to be eligible to receive compensation for a loss of earnings. Please contact one of the lawyers at Bugbee & Conkle if you have questions about how this decision can help you with your current workers’ compensation claims.
R.C. 4123.56(F) provides:
If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the employee is otherwise qualified. If an employee is not working or has suffered a wage loss as the direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section. It is the intent of the general assembly to supersede any previous judicial decision that applied the doctrine of voluntary abandonment to a claim brought under this section.
Bugbee & Conkle LLP 2024 Seminar Recap
Bugbee and Conkle, LLP, a leading firm in labor and employment, workers’ compensation, and litigation in Ohio, hosted a successful seminar on November 21, 2024, following a long hiatus due to Covid-19. The seminar aimed to bring together interested professionals in labor and employment and workers’ compensation to share knowledge, discuss new trends and changes in the law, and to foster collaboration. Our Attorneys presented on various topics, including Marijuana in the workplace, temporary total disability, VSSRs, ADA and FMLA issues, and MSAs. We were excited to provide a platform for insightful discussions and to engage with a diverse group of participants. At Bugbee and Conkle, LLP, we believe in the importance of continuous learning and connection, and hosting events like this allows us to contribute to the growth and success of our industry. We are grateful to all those who attended and contributed to the success of the seminar, and we look forward to hosting more events in the future to continue supporting our community.
Bugbee and Conkle, LLP also sent associate attorneys Deborah Bensch and Emma Renius to Columbus on October 24, 2024 to attend the Ohio Industrial Commission Statewide Hearing Officer Meeting. The seminar provided the firm with up-to-date information regarding ethical conduct, Industrial Commission updates, tactics for investigating workers’ compensation fraud, and a discussion about contemporary case law.
For more information about Bugbee and Conkle, LLP, or upcoming events, visit our website at www.bugbeelawyers.com and sign up for our news alerts.