Ohio: Injury Sustained After Employee Gives Notice of Departure Means No TTD Benefits

A Commission decision awarding an Ohio employee temporary total disability benefits was erroneously entered where the employee gave the employer two-week’s notice that he intended to leave the employment and then sustained a work-related injury four days later, held a state appellate court. Relying upon State ex rel. Klein v. Precision Excavating & Grading Co., 155 Ohio St.3d 78, 2018-Ohio-3890, 119 N.E.3d 386 (2018), the court said the loss of earnings was due to the employee’s own decision—to leave the employer’s employ—not the workplace injury.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See State ex rel. Ohio State Univ. v. Pratt, 2021-Ohio-3420, 2021 Ohio App. LEXIS 3336 (Sept. 28, 2021)

See generally Larson’s Workers’ Compensation Law, § 84.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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