Workers’ Compensation: When Does an Injured Worker’s Termination from Employment Prohibit Payment of Temporary Total Disability Compensation?
By Carol D. Strassman Employers frequently ask whether temporary total disability compensation is payable if an injured worker has been terminated from employment. An injured worker who was terminated under circumstances that amount to a voluntary abandonment of employment is legally precluded from receipt of temporary total disability benefits. The Supreme Court of Ohio has ruled on this issue on many occasions.
The basic premise is set forth in the Louisiana-Pacific case. The Supreme Court of Ohio held that termination constitutes voluntary abandonment of employment when a claimant violated a written work rule that clearly defined the prohibited conduct, had previously been identified by the employer as a dischargeable offense, and was known or should have been known to the employee.
All elements of this case must be met. First and foremost, there must be a written work rule. The work rule must be specific as to the conduct which is prohibited. The rule must inform the employee that violation can lead to discharge. This is usually stated in language to the effect that a violation of the rule will result in discipline, “up to and including termination.” The rule must be known by the employee, meaning the employee was provided with the rule book or handbook.
The Supreme Court of Ohio has narrowed or clarified the Louisiana-Pacific case. The Supreme Court of Ohio subsequently held in the McCoy case that if an injured worker re-enters the workforce after his termination, by finding other employment, the injured worker then becomes eligible to receive temporary total compensation. Of course, the injured worker must have the requisite medical documentation supporting temporary total disability after his re-employment.
If an employer believes it has the requisite proof that there was a termination under circumstances amounting to a voluntary abandonment of employment, an attorney should be present with the employer at the hearing. This is due to the fact that case law must be argued and witnesses must be questioned.
In order to be prepared for hearing on this issue, the applicable written work rule must be provided to opposing counsel and the hearing officer. In addition, the acknowledgement form signed by the injured worker must be filed. This is proof that the injured worker received the handbook or rule book. Finally, a representative from the employer must be at the hearing, usually the human resource manager. The witness on behalf of the employer must be the person with specific knowledge as to the facts surrounding the injured worker’s termination, as well as familiarity with the written work rules. In some cases, it may be necessary to have the injured worker’s supervisor in attendance as well.
A ruling from a hearing officer that a claimant voluntarily abandoned his employment for violation of a written work rule is a legal argument, not a medical argument. The claimant’s actual medical condition is irrelevant to an argument under Louisiana-Pacific. If all of the requirements of Louisiana-Pacific are met, the hearing officer will find that the claimant is not entitled to temporary total disability compensation, effective the date of the termination from employment.
Do not hesitate to contact Carol Strassman or any of the workers’ compensation attorneys at RBS with any questions regarding what might constitute an injured worker’s voluntary abandonment under the Louisiana-Pacific case.
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