Industrial Commission, Worker Challenge Court Ruling Voiding Award of Temporary Total Disability Benefits

Employer Disputes New Benefit Awarded After Employee's Resignation

10th District Court of Appeals (Franklin County)

ISSUE: In this case an injured worker whose claim for continuing temporary total disability (TTD) benefits was denied after he voluntarily resigned from a light-duty position to which his employer had re-assigned him, later filed a second claim for TTD that was based on a new allowed medical condition. The new TTD claim was approved by the Industrial Commission, but that ruling was reversed on appeal by the 10th District Court of Appeals based on an alleged failure by the commission to properly establish continuing jurisdiction over the claimant's earlier, denied claim. The injured worker and the Industrial Commission now ask the Supreme Court to overturn the 10th District's ruling and reinstate the worker's TTD benefits based on his second allowed condition.