Coolidge v. Riverdale Local School District

100 Ohio St. 3d 141
CourtOhio Supreme Court
DecidedOctober 22, 2003
DocketNo. 2002-1407
StatusPublished
Cited by61 cases

This text of 100 Ohio St. 3d 141 (Coolidge v. Riverdale Local School District) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coolidge v. Riverdale Local School District, 100 Ohio St. 3d 141 (Ohio 2003).

Opinion

Alice Robie Resnick, J.

{¶ 1} This appeal stems from the absenteeism-based discharge of a public school teacher who was receiving ongoing temporary total disability (“TTD”) compensation under the Workers’ Compensation Act.

{¶ 2} On October 22, 1998, plaintiff-appellant, Cheryl M. Coolidge, a continuing-contract teacher employed by defendant-appellee, Riverdale Local School District, was assaulted and seriously injured by one of her students at the Riverdale Elementary School in Mount Blanchard, Ohio. She returned to work the next day, which was a Friday, but left early to seek medical attention and then called in sick the following Monday.

{¶ 3} Thereafter, Coolidge remained off work and successively exhausted her available options for leave. Initially, appellee granted Coolidge two 30-day periods of paid assault leave pursuant to the terms of a collective bargaining [142]*142agreement between the Riverdale Local School District Board of Education and the Riverdale Education Association but denied Coolidge’s request for a further extension. When her assault leave expired on January 15, 1999, Coolidge began to use her accumulated sick leave, which was exhausted on May 11, 1999. Appellee then placed Coolidge on uncompensated leave pursuant to a board policy providing that “uncompensated leave may be granted for a period not to exceed one (1) school year” for purposes of “restoration of health.”

{¶ 4} By letter dated March 23, 2000, the superintendent notified Coolidge: “It is my intention to take a recommendation to the Board at its next regular meeting on April 17, 2000, that it consider termination of your teaching contract due to exhaustion of available leave and continuing inability to return to work.” On April 17, 2000, the board voted to consider terminating Coolidge’s contract “on the grounds that she has exhausted all available leave and continues to be unable to fulfill the requirements of her continuing teacher’s contract.” Coolidge then made a written demand for hearing pursuant to R.C. 3319.16, which was held before a referee on August 1, 2000.

{¶ 5} The referee essentially concluded that Coolidge had been “absent without leave” since at least May 11, 2000, the day after her uncompensated leave expired, and that Coolidge’s “[fjailure to teach without a legal absence [constitutes] ‘other good and just cause’ [under R.C. 3319.16] for termination of her contract.” In so doing, the referee acknowledged that “Coolidge has been receiving temporary total disability [compensation] from the Ohio Bureau of Workers’ Compensation for the period of time beginning with the date of the injury and continuing through the hearing date * * However, she rejected Coolidge’s argument that an employee may not be discharged for failing to return from a leave of absence while receiving TTD compensation. Instead, the referee concluded that since the board’s policy on uncompensated leave does not specifically exclude absences due to an injury compensable under the Workers’ Compensation Act, Coolidge’s continued absence beyond the one-year policy limitation is in violation of her teaching contract.

{¶ 6} On September 18, 2000, the board passed the following resolution:

{¶ 7} “NOW THEREFORE, BE IT RESOLVED that the continuing teaching contract of Cheryl Coolidge with the Riverdale Local School District be hereby terminated, effective September 18, 2000, on the following grounds:

{¶ 8} “1. Cheryl Coolidge has exhausted available paid leave, including assault leave and sick leave;

{¶ 9} “2. Cheryl Coolidge has been absent without leave, contrary to the contract she entered into on September 21, 1998;

{¶ 10} “3. Cheryl Coolidge has failed to perform the duties of her contract; and

[143]*143{¶ 11} “4. As a result of the foregoing, ‘other good and just cause’ exists for termination of Cheryl Coolidge’s teaching contract.”

{¶ 12} Coolidge appealed the board’s order of termination to the Hancock County Court of Common Pleas. In her complaint, Coolidge alleged that the board’s “non-compensated leave policy * * * is not applicable to [her] for the reason that [she] has been receiving Workers’ Compensation Disability as a result of an assault by a student during teaching hours.” Relying on R.C. 4123.56 and 4123.90, Coolidge argued that “[n]o court should construe Section 3319.16 Ohio Revised Code to allow the employer Riverdale Schools to terminate a continuing teaching contract based solely on absence [resulting] from a work-related injury.”

{¶ 13} The trial court framed the issue in terms of whether public policy requires the reversal of a decision that effectively forces the injured employee to choose between workers’ compensation and continued employment, but specifically elected “not to address this public policy question.” Instead, the court reversed the board’s decision on the basis that Coolidge’s uncompensated leave had not yet expired when the board initiated termination proceedings and that the board’s refusal to extend Coolidge’s assault leave beyond 60 days was arbitrary and unreasonable. The trial court did indicate, however, that Coolidge’s receipt of ongoing TTD compensation would preclude a finding that she “was away from work without justification” because it “put the Board on notice * * * that she was incapable of working.”

{¶ 14} In the court of appeals, it was actually appellee who raised the public policy issue, arguing in part that the Workers’ Compensation Act does not prohibit the absenteeism-based discharge of an employee who is receiving TTD compensation, so long as the decision to terminate is based on the employee’s inability to work rather than on the fact that the employee filed a workers’ compensation claim.

{¶ 15} In a split decision, the court of appeals reversed the judgment of the trial court, but the majority opinion contains no reference to the fact that Coolidge had been receiving TTD compensation. The majority found only that Coolidge’s uncompensated leave had already expired by the time the board took formal action to terminate her contract and that there was sufficient evidence to support the board’s denial of additional assault leave.

{¶ 16} The dissenting judge “share[d] the trial court’s concern that a teacher who has been assaulted and presents enough medical evidence to establish an initial 60 days of assault leave — and who is still receiving workers’] compensation benefits for her injuries some two years later — can be unilaterally taken off assault leave by the school board and ultimately terminated without any medical basis in the record to support either of those decisions.”

[144]*144{¶ 17} The cause is now before this court pursuant to the allowance of a discretionary appeal.

{¶ 18} The overriding issue in this case is whether public policy embodied in the Workers’ Compensation Act protects an employee who is receiving TTD compensation from being discharged solely because of the disabling effects of the allowed injury, that is, absenteeism and inability to work. The courts below have avoided this question by either deciding the cause on alternate grounds or completely ignoring the fact that Coolidge was discharged while suffering from a compensable disability. However, there is no principle of judicial restraint that requires courts to refrain from deciding public-policy questions.

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Bluebook (online)
100 Ohio St. 3d 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coolidge-v-riverdale-local-school-district-ohio-2003.