OMA Connections Partner Roetzel has summarized recent rulings by the Supreme Court of Ohio that reaffirm an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. Read the summary.
The firm notes House Bill 81 — enacted last year to establish a statutorily recognized basis for voluntary abandonment — created some confusion in administrative hearings before the Industrial Commission (IC). With its recent rulings, the court has reaffirmed employers’ ability to defeat a claim for temporary total benefits by making a good faith alternative job offer. 10/12/2021