HR's paper trail decides TTD after light‑duty refusal
Ohio Supreme Court upholds denial of temporary total disability (TTD) after worker refuses physician‑approved light‑duty job.
An Ohio worker who declined a light‑duty assignment after a workplace injury was not entitled to temporary total disability benefits. That is the Supreme Court of Ohio’s holding in State ex rel. Papageorgiou v. Avalotis Corporation, affirming the Tenth District’s denial of a writ of mandamus and upholding the Industrial Commission’s denial once a treating physician supported modified duties.
TTD is a wage‑replacement benefit paid while an injury prevents an employee from working and before maximum medical improvement. Under Ohio law, TTD is not payable when an employer makes work available within the employee’s medical limits.
The case began with a May 25, 2018 injury. While operating a sandblaster, the employee suffered neck and facial injuries and underwent surgery the same day. Avalotis continued paying wages from the date of injury. On June 5, 2018, one of the surgeons cleared the employee for light duty with a no‑heavy‑lifting restriction. Later, the treating physician, Dr. John L. Dunne, completed a MEDCO‑14 form restricting bending, squatting, kneeling, twisting, turning, climbing, and lifting more than 10 pounds, with limited overhead reaching.
On June 28, 2018, an Avalotis project manager delivered a written offer for light‑duty work and advised the employee to report the next day. The...
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