Supreme Court Awards TTD, Disregards Violation of Work Rule


In a 5-2 opinion of State ex rel. Cordell v. Pallet Cos., Inc., the Supreme Court of Ohio found that the Ohio Industrial Commission abused its discretion by denying the claimant’s application for temporary-total disability (TTD) compensation after he was terminated following a workplace injury for violation of a work rule that occurred before the injury and was discovered as a result of the injury. This case, which involves an employee’s violation of his employer’s drug-free workplace policy, and subsequent compensable injury, is of interest to virtually all employers. Justices O’Donnell and Kennedy dissented from the majority opinion. Read a summary of the facts and decision from OMA counsel, Sue Wetzel, of Bricker & Eckler.  1/31/2017