The Ohio Supreme Court recently revisited temporary total disability compensation in the summer for school employees.

In Columbus City Schools v. Brookbank-Mizer, 2026 – Ohio – 1175 the Claimant was employed as a speech therapist for the school district.  Although she only worked 9 months out of the year, she elected to receive stretch pay where her wages were stretched out over 12 months.  The claimant sustained a head injury on August 30, 2021, and was granted temporary total disability compensation (TTD). The school district filed a motion with the Industrial Commission to determine if TTD was payable over the summer months.  The Industrial Commission granted TTD relying on State ex. rel. Glenn v. Indus. Comm., 2009- Ohio-3627 and the school district filed a mandamus action in the 10th District Court of Appeals arguing the claimant was not entitled to TTD under R.C. 4123.56(F) and State ex rel. Autozone, Inc. v. Indus. Comm’n, 2024-Ohio-0493. 

 The Court noted Ohio law requires both parts of R.C. 4123.56(F) be considered when evaluating a request for TTD noting Employees are entitled to compensation if they are unable to work “as the direct result” of the workplace injury; and employees are not eligible if their inability to work results from reasons unrelated to the injury.  If the claimant was not scheduled to work and had no intention of working over the summer months there was arguably no direct causal connection between the work-related injury and her not working.  However, the Industrial Commission failed to analyze the second requirement.  The court acknowledged whether or not claimant intended to work a second job over the summer months but was precluded from doing so due to the allowed conditions in the claim was a relevant factor to consider under R.C. 4123.56(F), but not because of prior caselaw analyzing the old voluntary abandonment standard, but because of R.C. 4123.56(F) which requires a separate analysis.  The Ohio Supreme Court thus issued a limited writ of mandamus requiring the issue to be sent back to the Industrial Commission to determine the claimant’s entitlement to TTD under R.C. 4123.56(F).

Bugbee attorneys attended the OSIA conference

Attorneys Robert L. Solt, III, Deborah E. Bensch, and Emma N. Renius attended the three-day Ohio Self-Insurers Association (OSIA) conference beginning June 17, 2026.  The purpose of this conference was to provide members of the OSIA with education and information about current practices and updates within Ohio workers’ compensation administration. Our team gained valuable knowledge about the latest legal developments, while connecting with colleagues, and gaining practical insight to better represent and serve our clients. 

Medicare Set-aside reminder!

Remember pursuant to Section 111 of Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), 42 U.S.C. § 1395y(b)(8) employers, insurers, and settling parties must report all workers’ compensation settlements involving Medicare beneficiaries regardless of the settlement amount. This includes settlements that are below the $25,000 submission threshold. The report should be submitted to the Center for Medicare and Medicaid Services (CMS). Please contact the lawyers at Bugbee & Conkle for more information.