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Member, Beacon International Group, Ltd.
COLUMBUS, Ohio—Even through a hospital worker was fired due to sexual harassment allegations, he is not barred from collecting workers compensation benefits, an Ohio appeals court ruled.
Tuesday’s decision in State of Ohio ex rel. State University Cancer Research Hospital vs. Industrial Commission of Ohio addresses a “sprain lumbosacral” the male claimant suffered in January 2009.
While performing transitional work duty in March 2009, the hospital notified the claimant he was being fired because of “conduct unbecoming of a medical center employee and violation of university policy,” court records show.
The claimant had been under investigation concerning “numerous” sexual harassment allegations for acts allegedly occurring between 2004 and 2008, the records state.
In May 2009, after his firing, an Industrial Commission hearing officer granted temporary total disability benefits based on medical evidence.
In hearings seeking to deny the benefits, the employer made several arguments including that an award was not proper because the claimant voluntarily abandoned his work position when he engaged in conduct which resulted in his discharge.
Ohio’s 10th Appellate District eventually upheld the benefits award. It said any infractions occurred prior to the injury and the employer presented no evidence the claimant violated work rules while performing transitional work duty.