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Member, Beacon International Group, Ltd.
COLUMBUS, OhioWages from multiple jobs can be combined to calculate workers compensation benefit levels, Ohio’s Supreme Court decided in ruling against a unit of FedEx Corp., which is self-insured.
The case of FedEx Ground Package System Inc. vs. Industrial Commission of Ohio et al. stemmed from an undisclosed injury that Christopher J. Roper suffered in 2006 while working part-time for FedEx.
FedEx calculated that Mr. Roper’s temporary total disability compensation benefits based on an average weekly wage of $160.45 and a full weekly wage of pf $250.80, court records show. Those amounts were based only on earnings at FedEx.
But Ohio’s Industrial Commission granted Mr. Roper a higher level of workers comp benefits and calculated an average weekly wage of $417.05 and a full weekly wage of $457.36.
The commission’s wage calculations included pay from a second job that Mr. Roper held at a pest control company, which “paid considerably more than the job at FedEx,” court records state.
FedEx appealed, arguing the commission abused its discretion, but a state appellate court ruled against the employer.
On appeal to Ohio’s Supreme Court, FedEx argued among other things that including wages from concurrent employment discourages the claimant from continuing to work at the second job if the individual is medically able to so.
However, the Ohio Supreme Court ruled Tuesday that it was not persuaded by FedEx’s argument and said “there is no statutory basis for excluding concurrent wages” in upholding the appellate court.
The court also ruled, “a claimant who is still physically capable of working the second job but chooses not to cannot receive temporary total disability compensation.”