The details are crucial when attempting to use the defense of voluntary abandonment of the work force to defeat requests for permanent total disability (PTD) or temporary total disability in a workers’ compensation claim. So long as the claimant can show that his or her workplace injury played a role in the decision to leave the work force, the defense can be overcome.
Such was the situation in the case of State ex rel Digiachinto v. Industrial Commission of Ohio, et al., 2018-Ohio-1999, Tenth District Court of Appeals, decided May 22, 2018. In the Digiachinto case, the claimant, in his third application for PTD benefits, filed a copy of an administrative law judge’s decision granting his request for social security disability benefits as evidence in support of his PTD application. The Industrial Commission ruled, however, that the claimant had voluntarily abandoned the work force and therefore removed himself from eligibility for PTD benefits. The claimant then filed a mandamus action challenging the Industrial Commission’s denial of his application.
The Magistrate Judge from the Court of Appeals initially ruled in favor of the Industrial Commission, but a three judge panel from the Court overruled the decision. The Court instead found that the social security disability decision actually supported the plaintiff’s argument that he did not voluntarily abandon the work force. The court emphasized that the findings of the administrative law judge showed that the claimant’s workplace injuries, along with several other ailments, led to his decision to no longer seek gainful employment. Because the decision to abandon the work force was not voluntary or done intentionally, it could not be relied upon to block eligibility for the benefits. The court concluded that even though the administrative law judge had considered non allowed conditions, the social security decision should have been considered and discussed in the final order with regards to the finding of a voluntary abandonment of the work force.
The Digiachinto case should serve as a warning to employers that even though they may not be a party to an application for social security disability, the findings by an administrative law judge can impact workers’ compensation claims. Also, any attempt to rely upon the defense of voluntary abandonment must include evidence that establishes a voluntary decision by the claimant to no longer seek work. Any link between that decision and workplace injuries could lead to an award of benefits and a denial of the defense.