Workers Comp

Disability case sent back to commission for review

Danielle Ling

October 08, 2021 Reprints

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The Supreme Court of Ohio on Wednesday referred a disability case back to the lower courts to determine precedent on “good faith” by the injured worker in granting temporary total disability compensation.

Bridget M. Moss, an employee of Ryan Alternative Staffing, Inc., sustained an injury while working her night-shift position. Her workers compensation claim was allowed for a knee sprain, and she requested temporary total disability compensation. Ryan, a self-insuring employer, offered Ms. Moss work within her medical restrictions, but during shift hours Ms. Moss said she could not work. Ryan denied her TTD-compensation request because of this, and the issue went to court, according to documents in Ryan Alternative Staffing, Inc., v. Moss; Industrial Commission of Ohio, filed in the Supreme Court of Ohio in Columbus.

Ms. Moss asked the Industrial Commission of Ohio to order Ryan approve compensation, arguing the offer was made in bad faith with hours she was unable to work. The commission granted her request, which was later denied by the Tenth District Court, ruling Ryan had acted in “good faith” in offering Ms. Moss alternative employment.

Ms. Moss appealed and was granted compensation, with the court finding that while Ryan had made the offer in good faith, Ms. Moss had also refused it in good faith, and was awarded TTD compensation.

The case was sent to the Supreme Court of Ohio, where judges were unable to determine whether in such a situation, the commission may nevertheless award TTD compensation if the employee refuses the offer in good faith, and sent the case back to the commission for review.