On Wednesday, the Supreme Court of Ohio referred a disability case back to lower courts to set the precedent for "good faith" of the injured worker in order to grant temporary total disability benefits.
Bridget M. Moss, an employee of Ryan Alternative Staffing, Inc., suffered an injury while working her night shift position. Her claim for workers' compensation was allowed for a knee augmentation, and she requested temporary total disability compensation. Ryan, a self-insured employer, offered Ms work within her medical limits, but during the shift Ms said she could not work. Ryan denied his TTD compensation claim because of this, and the matter went to court, according to documents in Ryan Alternative Staffing, Inc., v. Moss; Industrial Commission of Ohio filed with the Supreme Court of Ohio in Columbus.
Ms. Moss asked the Ohio Industrial Commission to order Ryan to approve compensation, claiming the offer was made in bad faith with hours she could not work. The Commission granted her request, which was later rejected by the Tenth District Court, and ruled that Ryan had acted in "good faith" by offering Ms Moss alternative employment.
Ms. Moss appealed and was granted compensation, with the court finding that while Ryan had submitted the offer in good faith, Moss had also refused it in good faith and received TTD compensation.
The case was sent to the Supreme Court. in Ohio, where the judges could not determine whether the Commission in such a situation could still award TTD compensation if the employee denied the offer in good faith and sent the case back to the Commission for review.