State ex rel. Hildebrand v. Wingate Transport, Inc. (Slip Opinion)

2015 Ohio 167, 26 N.E.3d 798, 141 Ohio St. 3d 533
CourtOhio Supreme Court
DecidedJanuary 22, 2015
Docket2011-1616
StatusPublished
Cited by8 cases

This text of 2015 Ohio 167 (State ex rel. Hildebrand v. Wingate Transport, Inc. (Slip Opinion)) 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. Hildebrand v. Wingate Transport, Inc. (Slip Opinion), 2015 Ohio 167, 26 N.E.3d 798, 141 Ohio St. 3d 533 (Ohio 2015).

Opinions

Per Curiam.

{¶ 1} This case involves an injured worker’s eligibility for temporary-total-disability compensation after he quit his job on the same day that he reported to work with a note from his doctor restricting him to modified duty. Appellee Industrial Commission determined that appellant, Brian J. Hildebrand Jr., voluntarily abandoned the workforce when he quit his job for reasons unrelated to his industrial injury and therefore was ineligible for temporary-total-disability compensation.

{¶ 2} The Tenth District Court of Appeals denied Hildebrand’s request for a writ of mandamus. The court rejected his argument, based on State ex rel. Pretty Prods., Inc. v. Indus. Comm., 77 Ohio St.3d 5, 670 N.E.2d 466 (1996), that at the time his employment terminated (regardless of whether he quit or was fired), he could not have voluntarily abandoned his employment because he was physically unable to return to the duties of his former position.

{¶ 3} We find that the court of appeals did not abuse its discretion when it denied the requested writ, because the commission’s order denying temporary-total-disability compensation was based on evidence that Hildebrand voluntarily quit his job for reasons unrelated to his industrial injury. Consequently, we affirm the judgment of the court of appeals.

{¶ 4} Hildebrand injured his back on June 3, 2009, while working as a mechanic for appellee Wingate Transport, Inc. He reported the injury to his supervisor. Five days later, on June 8, 2009, he visited Matthew Bertollini, D.C., who diagnosed a left sacroiliac joint sprain/strain.

[534]*534{¶ 5} He returned to work the following day with a note from Dr. Bertollini restricting him to modified duty. Shortly after he arrived, Jeffrey Wingate, the owner of Wingate Transport, telephoned from a different location to confirm with Hildebrand that he could return to light-duty work. During the conversation, Wingate asked Hildebrand to return the key to the Jeep that he had loaned him after Hildebrand had totaled his own motor vehicle in an accident. Hildebrand had been using the Jeep for the previous six months.

{¶ 6} According to Wingate, Hildebrand became agitated and asked if he was being fired. Wingate replied that he was not fired, but that it was time for him to stop using Wingate’s Jeep. Hildebrand became upset and began loading tools and equipment into the pickup truck of an owner-operator who drove for Wingate Transport. Wingate returned to the work site and asked Hildebrand to stop so that he could identify the items being taken. When Hildebrand refused, Wingate called the police. Hildebrand eventually cooperated with the police officers who responded, unloaded the items, and left the premises.

{¶ 7} A week later, Hildebrand filed for unemployment benefits. The Department of Job and Family Services determined that he had quit his job on June 9, 2009, for personal reasons without just cause and denied benefits.

{¶ 8} On June 19, 2009, Hildebrand filed a report of his June 3 injury with the Bureau of Workers’ Compensation. Wingate Transport objected to the claim because of Hildebrand’s history of low-back problems. On September 2, 2009, a hearing officer allowed the claim for left sacroiliac sprain/strain,1 but denied Hildebrand’s request for temporary-total-disability compensation on the basis that he had voluntarily quit on June 9, 2009, and had not reentered the workforce. The hearing officer further found that Wingate Transport had been “ready, willing and able to offer light-duty employment” within Hildebrand’s physical capabilities. The commission refused Hildebrand’s appeal and denied his request for reconsideration.

{¶ 9} Hildebrand filed a complaint in the Tenth District Court of Appeals seeking a writ of mandamus that would require the commission to find that he was entitled to temporary-total-disability compensation. A magistrate determined that the evidence supported the commission’s finding that Hildebrand had quit his job at Wingate Transport for reasons unrelated to his injuries. The magistrate rejected Hildebrand’s argument that he could not have voluntarily abandoned his job based on the principle discussed in State ex rel. Pretty Prods., 77 Ohio St.3d at 7, 670 N.E.2d 466, that a claimant “already disabled when the separation occurred” cannot abandon a former position. According to the magistrate, Pretty Prods, and similar cases involved employees who were unable [535]*535to return to former positions of employment because they had been fired for violating written work rules. The magistrate concluded that because the evidence supported the commission’s determination that Hildebrand had voluntarily quit for reasons unrelated to his claim, Pretty Prods, was distinguishable and did not apply.

{¶ 10} The court of appeals overruled Hildebrand’s objections to the magistrate’s report and denied the writ. The court agreed with the magistrate that the record supported that Hildebrand was not fired but had voluntarily quit. 2011-Ohio-3787, 2011 WL 3299018, ¶ 5-6. Next, the court agreed that the magistrate appropriately concluded that Pretty Prods, and its progeny did not apply because those decisions involved instances in which an employee was discharged from employment, not those in which an employee quit for reasons unrelated to the industrial injury. Id. at ¶ 7. Finally, the court overruled Hildebrand’s objection that the magistrate had failed to address his argument regarding the accuracy of the hearing officer’s statement that he had quit despite the employer having a light-duty job available for him. The court reasoned that under these circumstances, the issue of the availability of a light-duty position was not crucial to the question of his eligibility for temporary-total-disability compensation. Id. at ¶ 8.

{¶ 11} Hildebrand appealed as of right to this court. We referred the case to mediation and stayed briefing. After mediation was unsuccessful, the case was returned to the regular docket and briefing commenced.

{¶ 12} To be entitled to an extraordinary remedy in mandamus, Hildebrand must establish a clear legal right to the relief requested, a clear legal duty on the part of the commission to provide the relief, and the lack of an adequate remedy in the ordinary course of the law. State ex rel. Gen. Motors Corp. v. Indus. Comm., 117 Ohio St.3d 480, 2008-Ohio-1593, 884 N.E.2d 1075, ¶ 9. This requires Hildebrand to demonstrate that the commission abused its discretion by entering an order not supported by the evidence in the record. State ex rel. Burley v. Coil Packing, Inc., 31 Ohio St.3d 18, 20, 508 N.E.2d 936 (1987).

{¶ 13} Temporary-total-disability compensation is intended to compensate an injured worker who is temporarily unable to return to the duties of his or her former position of employment as a result of a workplace injury. This court has stated that “it must appear that, but for the industrial injury, the claimant would be gainfully employed.” State ex rel. McCoy v. Dedicated Transport, Inc., 97 Ohio St.3d 25, 2002-Ohio-5305, 776 N.E.2d 51, ¶ 35.

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Bluebook (online)
2015 Ohio 167, 26 N.E.3d 798, 141 Ohio St. 3d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hildebrand-v-wingate-transport-inc-slip-opinion-ohio-2015.