State ex rel. Ameen v. Industrial Commission

100 Ohio St. 3d 161
CourtOhio Supreme Court
DecidedOctober 22, 2003
DocketNo. 2003-0138
StatusPublished
Cited by10 cases

This text of 100 Ohio St. 3d 161 (State ex rel. Ameen v. Industrial Commission) 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
State ex rel. Ameen v. Industrial Commission, 100 Ohio St. 3d 161 (Ohio 2003).

Opinion

Per Curiam.

{¶ 1} On August 22, 1997, appellant-claimant, Jane Ameen, sustained an injury while employed as a nurse by appellee Trumbull Memorial Hospital. She received temporary total disability compensation (“TTC”) intermittently until April 1998, when the hospital terminated her employment. After April 1998, the hospital continued to pay TTC.

{¶ 2} Claimant sought counseling from the Ohio Bureau of Vocational Rehabilitation and the Private Industry Council. With her physical ability to return to her former position of employment compromised, claimant was advised to explore different options, and she eventually returned to college for a teaching degree.

{¶ 3} On August 17, 2000, claimant’s TTC was terminated after maximum medical improvement was found. The next day, she graduated from college. Ten days later, she began teaching for the Warren City School District.

{¶4} Claimant’s teaching job paid slightly less than her nursing position, prompting her to move appellee Industrial Commission of Ohio for wage-loss compensation under R.C. 4123.56(B). The commission denied that request after concluding that claimant had voluntarily limited her income. It specifically found that claimant could not return to her former position of employment but criticized claimant nevertheless for not seeking other nursing jobs. It characterized claimant’s acceptance of a teaching job as motivated by lifestyle considerations, based on what it considered to be an inadequate search for a position in nursing or a field paying comparably.

[162]*162{¶ 5} Claimant petitioned the Court of Appeals for Franklin County for a writ of mandamus. The court agreed that her job search was inadequate and affirmed the commission’s order.

{¶ 6} The cause is now before this court upon an appeal as of right.

{¶ 7} When an employee sustains a work-related injury, the workers’ compensation system has two immediate goals: to return the employee to the labor force as soon as possible and, until then, to ameliorate the hardship incurred by lost or reduced wages. Prior to 1986, for those who had lost earnings due to an inability to return to the former position of employment, TTC was the traditional mainstay. Unfortunately, it did not differentiate between claimants who could do no work and those who, while unable to resume their prior employment, could do some work. Because alternate employment disqualified claimants for TTC, those in the latter category had little choice but to remain at home in order to preserve TTC eligibility. This defeated a primary workers’ compensation objective.

{¶ 8} In 1986, the General Assembly resolved this dilemma by approving wage-loss compensation. Am.Sub.S.B. No. 307, 141 Ohio Laws, Part I, 718, 767. This benefit encourages a return to employment by paying a percentage of the shortfall between a claimant’s pre- and postinjury income. Attaining wage-loss compensation requires proof of (1) actual wage loss and (2) a causal relationship between injury and reduced earnings. State ex rel. Watts v. Schottenstein Stores Corp. (1993), 68 Ohio St.3d 118, 121, 623 N.E.2d 1202.

{¶ 9} Evidence of the latter can be overcome by a showing that the claimant voluntarily limited his or her income. State ex rel. Brinkman v. Indus. Comm. (1999), 87 Ohio St.3d 171, 718 N.E.2d 897. This conclusion necessarily follows a finding that claimant’s postinjury employment was motivated by lifestyle, rather than medical, considerations. Part-time employment and self-employment, for example, provide obvious personal benefits. Consequently, they receive enhanced scrutiny to ensure that such a job choice indeed followed an injury-induced inability to perform better paying work. See State ex rel. Pepsi-Cola Bottling Co. v. Morse (1995), 72 Ohio St.3d 210, 648 N.E.2d 827; State ex rel. Ooten v. Siegel Interior Specialists Co. (1998), 84 Ohio St.3d 255, 703 N.E.2d 306. Claimants generally bolster their petitions for wage-loss compensation by showing a job search of sufficient quantity and quality to establish that the job taken was truly the only position available.

{¶ 10} The mere fact of full-time employment does not immunize a claim from this review. State ex rel. Yates v. Abbott Laboratories, Inc., 95 Ohio St.3d 142, 2002-Ohio-2003, 766 N.E.2d 956, ¶ 37. In the instant case, the commission felt that claimant had not conducted enough of a job search to demonstrate an injury-induced unavailability for higher-paying employment. Combined with claimant’s [163]*163complete career change, the commission concluded that claimant’s job was lifestyle-generated. We disagree.

{¶ 11} Employment that coincides with one’s interests, desires, or aptitudes is not inherently suspect. The present claimant was permanently disqualified from her former position of employment, so a new career was a logical option, and claimant prepared for one. Claimant’s decision to teach rather than to pursue an allied medical career should not, under these circumstances, be viewed unfavorably.

{¶ 12} The commission in its order stresses the lack of evidence of any search for nursing jobs. However, its analysis ignores (1) the commission’s own finding that claimant could not resume the duties she had, and (2) that a search for any nursing opening while collecting TTC — which constituted the relevant job-search period — may have been viewed as inconsistent with her allegation of temporary total disability and caused compensation termination.

{¶ 13} The commission also seemingly forgets a key workers’ compensation goal: returning an injured worker to the labor force as quickly as feasible. In deriding the absence of a more extensive job search, the commission disregards claimant’s immediate success in having begun a job within days of TTC termination.

{¶ 14} The commission has put claimant in a “Catch-22.” If claimant had declined the teaching job and had kept looking for something more lucrative — as the order implies she should have — claimant would have been wageless. We suspect, however, that had claimant applied for nonworking wage-loss compensation during this search period, such compensation would have been denied because of her failure to take the teaching job that reduced her wage loss.

{¶ 15} This case differs from the full-time employment situation in State ex rel. Yates v. Abbott Laboratories, Inc., supra. There, the full-time clerical employment obtained by the claimant grossly underutilized her college degree and real estate license. Her underemployment was pivotal in determining that claimant was required to maintain' — despite her full-time job — an ongoing search for something more in keeping with her talents and earning capability.

{¶ 16} Here, claimant exploited the intellectual abilities that allowed her to become a nurse and accepted a commensurate academic challenge that led to a new career. Her career choice, moreover, was not one that was economically out of line with her former livelihood. Unlike in Yates, the present claimant’s job has a future. There is a degree of job security, the expectation of raises, and potential for advancement.

{¶ 17} Requiring this claimant to continue looking for work with the expectation that she will leave her teaching job is inappropriate. See Brinkman, 87 Ohio

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Cite This Page — Counsel Stack

Bluebook (online)
100 Ohio St. 3d 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ameen-v-industrial-commission-ohio-2003.