Workers' Compensation e-Bulletin: Ohio Supreme Court Limits the Voluntary Abandonment Doctrine
June 13, 2007
The Ohio Supreme Court recently ruled in State ex rel. OmniSource Corp. v. Indus. Comm., that the termination of an injured workers employment for violating a work rule will not bar the payment of temporary total disability compensation if the injured worker is disabled at the time of the termination. This decision limits the circumstances in which an employer may raise the defense of voluntary abandonment of employment to a claim for payment of temporary total disability compensation.
Under the so-called “voluntary abandonment doctrine”, a claimant is not entitled to temporary total disability compensation if the claimant is terminated for violating a written work rule or policy that: (1) clearly defines the prohibited conduct; (2) had been previously identified by the employer as a dischargeable offense, and (3) was known or should have been known to the employee. The firing is deemed “voluntary” because it is a consequence of behavior that the claimant willingly undertook.
In the OmniSource Corp. case, the claimant truck driver was terminated for his failure to provide a valid commercial driver’s license. His driver’s license had been suspended as a result of a conviction for driving under the influence. At the time of his conviction and termination, the claimant was receiving temporary total disability compensation while disabled from work. As a result of the termination, the employer refused to continue the payment of temporary total disability benefits.
The Industrial Commission reinstated temporary total disability compensation ruling that because the claimant was already temporarily and totally disabled when fired, he could not have voluntarily relinquished his former position of employment. On appeal, the Supreme Court ruled that the voluntary abandonment defense was not available to the employer. The Court reasoned that a claimant can abandon a former position of employment only if the claimant was physically capable of doing that job at the time of the alleged abandonment.
In light of the decision, employers need to be vigilant about enforcing work rules or policies so that, if appropriate, disciplinary action, including termination, is taken prior to a claimant becoming disabled from a work injury.
Under the so-called “voluntary abandonment doctrine”, a claimant is not entitled to temporary total disability compensation if the claimant is terminated for violating a written work rule or policy that: (1) clearly defines the prohibited conduct; (2) had been previously identified by the employer as a dischargeable offense, and (3) was known or should have been known to the employee. The firing is deemed “voluntary” because it is a consequence of behavior that the claimant willingly undertook.
In the OmniSource Corp. case, the claimant truck driver was terminated for his failure to provide a valid commercial driver’s license. His driver’s license had been suspended as a result of a conviction for driving under the influence. At the time of his conviction and termination, the claimant was receiving temporary total disability compensation while disabled from work. As a result of the termination, the employer refused to continue the payment of temporary total disability benefits.
The Industrial Commission reinstated temporary total disability compensation ruling that because the claimant was already temporarily and totally disabled when fired, he could not have voluntarily relinquished his former position of employment. On appeal, the Supreme Court ruled that the voluntary abandonment defense was not available to the employer. The Court reasoned that a claimant can abandon a former position of employment only if the claimant was physically capable of doing that job at the time of the alleged abandonment.
In light of the decision, employers need to be vigilant about enforcing work rules or policies so that, if appropriate, disciplinary action, including termination, is taken prior to a claimant becoming disabled from a work injury.
