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State ex rel Baker v. Industrial Commission of Ohio8/9/2000
of the first prong. It is the second prong of the Ashcraft test, namely the underlying purpose of TTD, that compels a different result in the case at bar.
First, with respect to the disabling aspect of Baker's injury, there is no dispute that Baker was unable to perform the duties of his former position of employment as a result of his industrial injury. Baker's original industrial injury was reaggravated at Baker's new job, and it is uncontroverted that Baker's subsequent injury was directly related to his original injury at Stahl-Wooster. Second, Baker's acceptance of his new position at Truck Stops was not a factor that prevented Baker from returning to his former position. Baker could (and did) return to his former position, but then he elected to move to different employment. This change of employment was not related to his injury. Although Baker did not return permanently to his former position of employment, he did secure other employment, thereby maintaining his continued presence in the work force. Unlike the claimants in Ashcraft and Jones & Laughlin, Baker did not voluntarily abandon the work force. Rather, Baker made a decision to accept a new position that was more aligned with his background, training, and career interests.
Accordingly, we hold that when a claimant who is medically released to return to work following an industrial injury leaves his or her former position of employment to accept another position of employment, the claimant is eligible to receive temporary total disability compensation pursuant to R.C. 4123.56(A) should the claimant reaggravate the original industrial injury while working at his or her new job.
Today's decision does nothing more than recognize the job mobility of today's labor market. No citation of authority is needed to acknowledge the obvious that any number of people, different from day to day, are moving to other jobs for their same employer, or to different jobs for different employers. To hold as appellees and their amici urge us would be to consign all workers to a particular employment position and employer unless they were willing to abandon some earned benefits. This would be so regardless of promotional opportunities in the same company or other opportunities outside the company. In this case, in the court of appeals, Judge Tyack dissented from the majority opinion, stating:
"I see a significant distinction to be made between the situation where an injured worker stops employment entirely and the situation where an injured worker moves from one job within his or her capability to another job within his or her capabilities. The workers' compensation system cannot be used to chain a worker to one specific employer. A worker who has an opportunity to advance his or her lot in life by a career change should not have to face the prospect of losing workers' compensation benefits if an injury sustained on the job with a former employer causes the worker to become unemployed, even at a later date.
"A complete abandonment of employment can, under certain circumstances, break the chain of cause and effect necessary to demonstrate that an injured worker actually is unemployed because of the injury. A change of jobs does not constitute an abandonment of employment and does not automatically break the chain of cause and effect."
We agree, and we therefore vacate our decision in State ex rel. Baker v. Indus. Comm. (2000), 87 Ohio St.3d 561, 722 N.E.2d 67. Further, we respectfully reverse the judgment of the court of appeals and grant the requested writ of mandamus. Judgment reversed and writ granted.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., c
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