Ohio's Tenth Dist Court of Appeals reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. Created a statutory basis for voluntary abandonment and vacated any prior voluntary abandonment law.
Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. Created a statutory basis for voluntary abandonment and vacated any prior voluntary abandonment law.
In two separate rulings, the Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary.
Wednesday, January 20, 2021
In the state of Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation, should the injured worker reject a valid offer. Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim.
The Ohio Revised Code prohibits payment of temporary total compensation when work within the employee’s physical capabilities is made available by an employer. The Ohio Administrative Code outlines the requirements for a valid light-duty job offer. While offers will often be presented in person or verbally over the phone, it is always advisable to send a copy via certified mail to ensure proof of receipt. If a verbal light-duty offer is rejected, the employer must provide a written job offer at least 48 hours prior to filing a request to terminate temporary total benefits and supply the written of