State Ex Rel. Glenn v. Industrial Commission

Ohio Supreme Court

State Ex Rel. Glenn v. Industrial Commission

2009 Ohio 3627, 912 N.E.2d 592, 122 Ohio St. 3d 483

CourtOhio Supreme Court

DecidedJuly 30, 2009

Docket2007-2420

StatusPublished

Cited by4 cases

This text of 2009 Ohio 3627 (State Ex Rel. Glenn 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. Glenn v. Industrial Commission, 2009 Ohio 3627, 912 N.E.2d 592, 122 Ohio St. 3d 483 (Ohio 2009).

Pincite

Opinions

Per Curiam.

{¶ 1} In State ex rel. Crim v. Ohio Bur. of Workers’ Comp. (2001), 92 Ohio St.3d 481, 751 N.E.2d 990, we considered whether a teacher who is employed during the academic calendar year but elects to receive earnings over a prorated 12-month period is precluded from receiving temporary total disability (“TTD”) compensation during the summer solely because the teacher received her prorated earnings over the summer. We concluded that a teacher is not so precluded, id. at syllabus, if she intended to work an additional job over the summer and the industrial injury prevented her from doing that job. Id. at 485, 751 N.E.2d 990. In the case at bar, we are asked to consider appellant Margarita Glenn’s request for TTD compensation. Glenn is a teacher for appellee Columbus Public Schools. She was not required to report to work over summer break. Like many teachers, Glenn elected to receive her salary over 12 months rather than the nine corresponding to the school year. This meant that she would receive wages from [484]*484Columbus Public Schools during the summer for work that she had actually performed during the academic calendar year.

{¶ 2} Glenn was injured in 2004 after being assaulted by a student. The psychological aftermath has been particularly severe, resulting in allowed conditions that have rendered her consistently unable to return to the classroom. Appellee Industrial Commission of Ohio awarded Glenn TTD compensation for her inability to work during the school year, but denied her compensation over the 2005 and 2006 summer breaks.

{¶ 3} Denial was based on Crim. Glenn filed a complaint in mandamus in the Court of Appeals for Franklin County. Citing Crim, the court of appeals denied the writ, and Glenn has appealed to this court as of right.

{¶ 4} Glenn apparently believes that Crim is a voluntary-abandonment case, and her single argument urges us to strike the concept in its entirety. These efforts are misplaced because we expressly held in Crim that a teacher did not voluntarily abandon his or her position at the end of the school year:

{¶ 5} “[I]t is axiomatic that a teacher who is required to leave her teaching position at the end of the school year does not do so voluntarily. If we were to conclude that teachers ‘voluntarily abandon’ their positions of employment at the conclusion of each school year, we would disqualify an entire class of claimants simply because of the unique terms of their employment.” 92 Ohio St.3d at 484, 751 N.E.2d 990.

{¶ 6} We consider the Industrial Commission’s reliance on Crim to be flawed for a different reason. Crim did not apply for TTD compensation based on her inability to work at her teaching job. She applied for TTD compensation based on her inability to work at a second job during the summer. Id. at 485, 751 N.E.2d 990. This court set forth a two-part test to determine when a teacher is eligible to receive TTD compensation for a second job even though she is receiving prorated salary from her primary job. Id. at 485-486, 751 N.E.2d 990. Crim stands for nothing more than this and is therefore not relevant to the issue before us.

{¶ 7} During the 2005 and 2006 school years, Glenn received TTD compensation, not wages. She did not receive TTD compensation during the summers. If Glenn received her wages from Columbus Public Schools during the summers of 2005 and 2006, she would be ineligible for TTD compensation. State ex rel. Bunch v. Indus. Comm. (1980), 62 Ohio St.2d 423, 427, 16 O.O.3d 449, 406 N.E.2d 815 (“The purpose of temporary disability benefits is to compensate for the loss of earnings”), citing State ex rel. Rubin v. Indus. Comm. (1938), 134 Ohio St. 12, 16, 11 O.O. 382, 15 N.E.2d 541. But if she did not, she should be eligible for TTD compensation based on the fact that she lost earnings — the wages earned during the school year, the payment of which was deferred until summer. Because the [485]*485record lacks payroll records or other evidence that would clarify whether payment of Glenn’s wages resumed over the summers in question, we order the commission to determine whether Glenn received wages from Columbus Public Schools during the 2005 and 2006 summers. Because Glenn suffered an injury that rendered her unable to teach, she is entitled to either her salary or TTD compensation. She cannot be denied both merely because she elected to prorate her salary over 12 months.

Judgment reversed and limited writ granted.

Moyer, C.J., and Pfeifer, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Lundberg Stratton, J., concurs separately.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

{¶ 1} In State ex rel. Crim v. Ohio Bur. of Workers’ Comp. (2001), 92 Ohio St.3d 481, 751 N.E.2d 990, we considered whether a teacher who is employed during the academic calendar year but elects to receive earnings over a prorated 12-month period is precluded from receiving temporary total disability (“TTD”) compensation during the summer solely because the teacher received her prorated earnings over the summer. We concluded that a teacher is not so precluded, id. at syllabus, if she intended to work an additional job over the summer and the industrial injury prevented her from doing that job. Id. at 485, 751 N.E.2d 990. In the case at bar, we are asked to consider appellant Margarita Glenn’s request for TTD compensation. Glenn is a teacher for appellee Columbus Public Schools. She was not required to report to work over summer break. Like many teachers, Glenn elected to receive her salary over 12 months rather than the nine corresponding to the school year. This meant that she would receive wages from [484]*484Columbus Public Schools during the summer for work that she had actually performed during the academic calendar year.

{¶ 2} Glenn was injured in 2004 after being assaulted by a student. The psychological aftermath has been particularly severe, resulting in allowed conditions that have rendered her consistently unable to return to the classroom. Appellee Industrial Commission of Ohio awarded Glenn TTD compensation for her inability to work during the school year, but denied her compensation over the 2005 and 2006 summer breaks.

{¶ 3} Denial was based on Crim. Glenn filed a complaint in mandamus in the Court of Appeals for Franklin County. Citing Crim, the court of appeals denied the writ, and Glenn has appealed to this court as of right.

{¶ 4} Glenn apparently believes that Crim is a voluntary-abandonment case, and her single argument urges us to strike the concept in its entirety. These efforts are misplaced because we expressly held in Crim that a teacher did not voluntarily abandon his or her position at the end of the school year:

{¶ 5} “[I]t is axiomatic that a teacher who is required to leave her teaching position at the end of the school year does not do so voluntarily. If we were to conclude that teachers ‘voluntarily abandon’ their positions of employment at the conclusion of each school year, we would disqualify an entire class of claimants simply because of the unique terms of their employment.” 92 Ohio St.3d at 484, 751 N.E.2d 990.

{¶ 6} We consider the Industrial Commission’s reliance on Crim to be flawed for a different reason. Crim did not apply for TTD compensation based on her inability to work at her teaching job. She applied for TTD compensation based on her inability to work at a second job during the summer. Id. at 485, 751 N.E.2d 990. This court set forth a two-part test to determine when a teacher is eligible to receive TTD compensation for a second job even though she is receiving prorated salary from her primary job. Id. at 485-486, 751 N.E.2d 990. Crim stands for nothing more than this and is therefore not relevant to the issue before us.

{¶ 7} During the 2005 and 2006 school years, Glenn received TTD compensation, not wages. She did not receive TTD compensation during the summers. If Glenn received her wages from Columbus Public Schools during the summers of 2005 and 2006, she would be ineligible for TTD compensation. State ex rel. Bunch v. Indus. Comm. (1980), 62 Ohio St.2d 423, 427, 16 O.O.3d 449, 406 N.E.2d 815 (“The purpose of temporary disability benefits is to compensate for the loss of earnings”), citing State ex rel. Rubin v. Indus. Comm. (1938), 134 Ohio St. 12, 16, 11 O.O. 382, 15 N.E.2d 541. But if she did not, she should be eligible for TTD compensation based on the fact that she lost earnings — the wages earned during the school year, the payment of which was deferred until summer. Because the [485]*485record lacks payroll records or other evidence that would clarify whether payment of Glenn’s wages resumed over the summers in question, we order the commission to determine whether Glenn received wages from Columbus Public Schools during the 2005 and 2006 summers. Because Glenn suffered an injury that rendered her unable to teach, she is entitled to either her salary or TTD compensation. She cannot be denied both merely because she elected to prorate her salary over 12 months.

Judgment reversed and limited writ granted.

Moyer, C.J., and Pfeifer, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Lundberg Stratton, J., concurs separately.

Cite This Page — Counsel Stack

Bluebook (online)

2009 Ohio 3627, 912 N.E.2d 592, 122 Ohio St. 3d 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-glenn-v-industrial-commission-ohio-2009.

Opinions

Related

Cite This Page — Counsel Stack