Voluntary Abandonment Bars Compensation
The Supreme Court issued two decisions finding that an injured worker’s voluntary abandonment of employment barred them from receipt of workers’ compensation benefits. State, ex rel. Hoffman v. Rexam Beverage Can Co. (10/16/13), which involved temporary total, and State, ex rel. Black, State ex rel. v. Indus. Comm. (10/17/13), which involved permanent total, indicated that the question of whether an injured worker voluntarily retired is a question of fact for the Industrial Commission to decide.
Commission / BWC Consider New Wage Loss Rule
The BWC and Commission are considering a new wage loss rule to replace the current wage loss rule, O.A.C. 4125-1-01. The new rule would also be numbered O.A.C. 4125-1-01. Read about the proposed changes.
Due Process and Workers’ Compensation Hearings
In State ex rel. Sigler v. Lubrizol Corp., ___ Ohio St.3d ___, 2013-Ohio-3686 (8/29/13), the Supreme Court found that a member of the Industrial Commission can rule on a case without attending the hearing or reviewing a transcript of the hearing. Read our thoughts on this issue.