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State ex rel Springfield v. Industrial Commission of Ohio6/28/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. In this original action, relator, Robert L. Springfield, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order denying compensation for temporary total disability ("TTD") and to issue an order granting said compensation.
. Pursuant to Civ.R. 53(C) and Loc.R. 12, Section (M), of the Tenth District Court of Appeals, this case was referred to a magistrate of this court to conduct appropriate proceedings. The magistrate has rendered a decision, including findings of fact and conclusions of law, and has recommended that a limited writ issue requiring the commission to vacate the order denying temporary total disability insofar as it was denied on the basis of voluntary abandonment of employment and to issue a new order, considering payment of TTD compensation based upon evidence in the file. (Magistrate's Decision, Appendix A.) Respondent-employer raises several objections to the magistrate's decision; however, these objections essentially reargue the points already raised in the briefs and addressed by the magistrate in her decision. As such, these issues will not be readdressed here and therefore respondent-employer's objections will be overruled.
. Relator suffered an industrial injury on February 20, 2001, involving a crushing hand injury. The tips of two fingers were amputated. On the following day, a doctor recommended surgery to treat the wounds and pad the stumps. Prior to the injury, in August 2000, relator signed and acknowledged receipt of his employer's Associate Handbook, which included the following provision under the heading "Drug Free Workplace Policy:"
It is the policy of the company to maintain a safe, productive and lawful workplace that is free from the costs and hazards caused by drug and alcohol abuse.
The company strongly encourages associates with a drug or alcohol abuse problem to seek treatment and rehabilitation through the Employee Assistance Program (EAP). Associates who contact the EAP for assistance are assured complete privacy and confidentiality, except as required by law for reporting child abuse and other circumstances deemed potentially life threatening.
Management should assure associates that their job security and promotional opportunities would not be jeopardized by their request for diagnosis or treatment.
A detailed policy, which spells out all testing requirements for applicants and associates, as well as timely participation in Employee Assistance Programs, will be provided to each individual associate. Failure to comply with the Drug Free Workplace Policy may result in discipline, including termination. [Emphasis added.]
. It is pertinent to note that evidence submitted to this court does not include a copy of the employer's "detailed policy which spells out all testing requirements." A urine specimen was collected from claimant and on February 24, 2001 a drug analysis showed the presence of marijuana metabolite in claimant's urine. The employer then terminated relator due to his violation of the drug free workplace policy.
. A district hearing officer allowed relator's claim and concluded there was insufficient evidence to establish that the industrial injury was caused by drug induced impairment. After an appeal by respondent-employer, a staff hearing officer, while affirming the allowance of the claim for several conditions, determined relator was not eligible for TTD compensation. In pertinent part, the staff hearing officer concluded:
Temporary total disabili
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