In the case of State ex rel. Walmart, Inc. v. Hixson, 2021-Ohio-3802, the Tenth District Court of Appeals granted the Walmart’s writ of mandamus in an action seeking to compel the industrial commission to partially vacate its order which granted temporary total disability to an employee after they had retired.
Here, Walmart argued that the employee notified the company of the employee’s intent to retire after sustaining a work-related injury. The industrial commission found that the employee was entitled to temporary total disability prior to and after the retirement date.
The Court reasoned that the employee voluntarily abandoned employment once the employee gave the employer notice that the employee was retiring and as such, the portion of the industrial commission’s finding that granted temporary total disability after the employee’s retirement was vacated.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.