Court of Appeals Finds Voluntary Abandonment Unclear; Remands Case Back To The Commission

In State ex rel. James v. Walmart Stores, Inc., 10th Dist. No. 13AP-3, 2014-Ohio-2279, a claimant with an allowed claim left his employment because he felt he was physically unable to do the job.  He reentered the workforce but was subsequently terminated for excessive absenteeism.  The Commission denied TTD compensation finding the claimant was not employed at the time of his disability and had no lost wages.  On mandamus, the 10th District Court of Appeals granted returned the claim to the Commission to develop the facts more fully to determine whether the claimant voluntarily abandoned his last employment.  Click here to read the case.


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