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Fired worker can still receive total-Disability benefits

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in Employee Benefits Program,Employment Law,Firing,Human Resources

The Ohio Supreme Court has ruled that an injured employee may continue to receive temporary total-disability benefits even if he no longer qualifies for his position. The case touches on many issues employers face in today’s workplace: employee medical restrictions, substance abuse and Ohio’s workers’ compensation system.

A stiff knee, a few stiff drinks

Johnny Calderwood drove trucks for Omnisource, Inc. He injured his knee on the job on July 1, 2003. The Ohio workers’ compensation system paid his claim and, in November of that year, Calderwood’s attending physician certified him as temporarily totally disabled as he prepared for knee surgery.

Calderwood was recovering from his operation on New Year’s Day 2004 when he was pulled over for driving under the influence (DUI). It was Calderwood’s second DUI in two years. His license was suspended on Jan. 6. He pleaded not guilty on Jan. 15, and the court granted occupational...(register to read more)

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