Adams v. Ohio Dep't of Job & Family Servs.

113 N.E.3d 1087, 2018 Ohio 2045
CourtCourt of Appeals of Ohio, Second District, Montgomery County
DecidedMay 25, 2018
DocketNO. 27674
StatusPublished

This text of 113 N.E.3d 1087 (Adams v. Ohio Dep't of Job & Family Servs.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Second District, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Ohio Dep't of Job & Family Servs., 113 N.E.3d 1087, 2018 Ohio 2045 (Ohio Super. Ct. 2018).

Opinion

DONOVAN, J.

{¶ 1} Plaintiff-Appellant, Phillip C. Adams, appeals a decision of the Montgomery County Court of Common Pleas, denying his challenge to a decision of the Ohio Unemployment Compensation Review Commission (hereinafter "Review Commission") finding that Adams was not entitled to unemployment benefits because he was voluntarily unemployed at the time of his application. Adams filed a timely notice of appeal with this Court on July 31, 2017. The record supports the trial court's *1089determination and the judgment of the trial court is affirmed.

{¶ 2} The record reflects that Adams' former employer, the City of Dayton Police Department, terminated his employment on August 26, 2016. Adams began as a police officer with the City of Dayton on June 4, 2001, and on June 11, 2015, he injured his knee in a non-duty incident. After the injury, the police department accommodated Adams' injury by allowing him to use all of his accrued sick and vacation time off, and he was given the opportunity to work restricted duty until May 2016.

{¶ 3} On July 8, 2016, after all of Adams' time off had been exhausted, Sergeant Jeffrey K. Thomas sent Adams a letter ordering him to return to work on July 12, 2016 and bring medical documentation indicating whether he would be able to resume full duty. The letter provided as follows:

This letter is to notify you of the Department's requirement you return to full duty. Your health care professional has documented on several sequential employee medical certification forms that there has been no positive progress in your medical recovery from your non-work-related knee injury that occurred on or about June 11, 2015.
You are hereby ordered to provide a completed "Return to work with no restrictions" employee medical certification form to the Office of the Assistant Chief of Police no later than Tuesday, July 12, 2016 at 1600 hours. The return to work date must [be] on or before July 13, 2016. Upon Review and approval of the document, you will be contacted to return to work to the West Patrol Operations Division Headquarters at 6:30 a.m. on Wednesday, July 13, 2016.
Should your employee medical certification form indicate a continued restricted duty status after July 12, 2016, or the document is not properly completed by you or your health care professional, you will not be permitted to return to any duty. I strongly encourage you to submit your employee medical certification form before the due date above, so in the event there is an error or omission, it can be corrected before July 12, 2016.
Our records indicate that as of July 3, 2016, you have exhausted your Family Medical Leave available to you for the rolling 12 month calendar. As of 1600 hours on July 3, 2016, you have zero hours of sick time, eight hours of birthday time and zero hours of vacation time accrued.
Failure to comply with the above order, stated in bold print, will be considered a violation of:
Civil Service Rule 13 Section (A): "Absence without leave or failure to return from leave".
and/or
Civil Service Rule 13 Section (2) Item (E): "Insubordination".
and/or
Civil Service Rule 13 Section (2) Item (H): "Violation [of] any lawful or reasonable regulations or orders made and given by a superior".
and/or
Civil Service Rule 13 Section (2) Item (C): "Inability to perform job duties due to mental or physical disability of a permanent or temporary nature".
Violation of these rules can lead to disciplinary action up to and including discharge from City of Dayton employment.
For your information, I have included the City of Dayton's Equal Opportunity for People with Disabilities policy. Should you decide to submit ADA paperwork, it must be received by Human *1090Resources prior to July 12, 2016, along with the required supporting documentation.
* * *

{¶ 4} Adams did not provide updated medical documentation, and he did not return to work. As a result, Adams was considered to be absent without leave (hereinafter, "AWOL"), but was not terminated.

{¶ 5} An administrative hearing was held on August 9, 2016 for Adams to respond to the charges of being AWOL. Adams did not attend this hearing and was subsequently discharged from employment on August 26, 2016.

{¶ 6} On July 21, 2016, Adams applied for unemployment benefits with the Ohio Department of Job and Family Services (hereinafter, "ODJFS"). On August 29, 2016, ODJFS allowed Adams' application with the benefit year beginning July 17, 2016. On September 20, 2016, the City of Dayton appealed the decision, and on October 6, 2016, ODJFS issued a redetermination affirming the decision allowing benefits. On October 26, 2016, the City of Dayton appealed the redetermination decision to the Review Commission. On November 15, 2016, a telephone hearing was held before an officer from the Commission. Based on evidence presented at the hearing, the hearing officer determined in a written Decision as follows:

* * *
Reasoning
The facts establish the claimant was voluntarily unemployed at the time he filed his application. Claimant was given the opportunity to return to work and/or provide additional medical documentation to support his contention he was unable to return to duty. He chose not to take either of these opportunities.
Claimant remained an employee until he was removed on August 26, 2016. During the period, from July 12, 2016 through August 26, 2016, the claimant was unemployed due to a voluntary leave of absence. He was absent without leave. He is not entitled to collect benefits during this time and/or file a valid application, as he was voluntarily unemployed.
Decision
The Director's Redetermination, issued October 6, 2016, is hereby reversed.
Claimant's Application for Determination of Benefit Rights, filed July 21, 2016, is disallowed. Claimant was on a voluntary leave of absence at the time he filed said application. He is not entitled to file a valid application because he was voluntarily unemployed.
* * *

{¶ 7} A subsequent request for review of the hearing officer's decision made by Adams on November 29, 2016 was disallowed in a decision on December 14, 2016. On January 12, 2017, Adams made a timely appeal of the Review Commission's decision to the Montgomery County Court of Common Pleas pursuant to R.C. 4141.282. On June 29, 2017, the trial court issued a decision affirming the Review Commission's denial of unemployment benefits, finding that Adams was AWOL between July 12, 2016, and August 26, 2016, and was discharged with just cause.

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Cite This Page — Counsel Stack

Bluebook (online)
113 N.E.3d 1087, 2018 Ohio 2045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-ohio-dept-of-job-family-servs-ohctapp2montgom-2018.