• The Ohio State Supreme Court Revisits State ex rel. Gross v. Industrial Commission, 112 Ohio St.3d 65
  • May 14, 2008
  • Law Firm: Roetzel & Andress, A Legal Professional Association - Akron Office
  • In December 2006, the Ohio State Supreme Court issued its decision in State ex rel. Gross v. Industrial Commission. This case held that when an employer determines its employee's workers' compensation injury was caused by the employee's disregard of a known safety policy or rule, that the employer could terminate the employee, and the employee's temporary total disability compensation could likewise be terminated. This reasoning was based upon a voluntary abandonment argument. The Court concluded that the claimant in Gross voluntarily abandoned his employment when he knowingly violated a company policy. Therefore, he was precluded from receiving temporary total disability compensation.