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Court of Appeals Finds Claimant Did Not Voluntarily Abandon Employment

In State ex rel. Jones v. Indus. Comm., 2014-Ohio-1528, the employer terminated the claimant for slapping a resident at the retirement home where the claimant worked.  After becoming re-employed for a couple of weeks, the claimant alleged she became disabled due to back pain, and applied for temporary total disability compensation.  The Commission denied the motion, finding the claimant voluntarily abandoned her employment and failed to make a good faith return to employment.  On mandamus, the Commission held the Commission abused its discretion, finding the evidence was unclear whether the claimant actually struck the resident.  It appears the court re-weighed the evidence, which the court is precluded from doing in a mandamus action.  Click here to read the full decision.

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