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Ohio Recipients of TTD

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  • cbg
    replied
    You're misunderstanding me, Cycler.

    I was unclear as to whether the poster had a question with regards to the information that was being posted. That's not the same as not understanding why the information was posted in the first place.

    I have no problem with informational posts. However, since in THIS case the information had been posted in another thread and there had been a question about it, I wanted to be certain that any question the poster had, had been answered.

    Leave a comment:


  • ElleMD
    replied
    It sounds like it was posted just for information purposes which is permitted by the site.

    Leave a comment:


  • Cycler
    replied
    Lets' be very clear here:

    The premise of the original post is faulty, every state has job protections for injured workers. No need to go into them as they are numerous. Where the stated notion that people bemoan the lack of job protections comes from is a mystery.

    The Court decision language posted speaks to one particular protection, protection from discharge SOLELY on the basis of inability to work, but when the OP writes;

    " I have stated the point that I was trying to make - there is a ruling by the Ohio Supreme Court that provides employment protection to recipients of temporary total disability compensation." as a sort of all inclusive protection for injured workers out on TTD he fails to consider the additional language contained in that same posted excerpt where the court also stated:

    " However, the Supreme Court was careful to point out that an employee on temporary total disability compensation may be terminated for other reasons."

    I think we can all agree that an injured worker who has not yet returned to work is afforded certain protections from discharge including, at least in Ohio and I imagine elsewhere, firing solely because of the inablility to return to work under the law in every state but, and Ohio not excluded, the law does allow for discharge while on TTD for other reasons. I know for certain that there are (is) bargaining unit (union) agreements that allow the employer to terminate the employee if they have been out for 24 months for instance.

    So - I'm with cbg in not understanding the reason for starting the thread in the first place.

    Leave a comment:


  • hwj
    replied
    Originally posted by cbg View Post
    I don't have any problem with such information being posted. I was simply unsure if you were posting it for informational purposes or if you had a question about what you were posting.

    So I asked.

    Evidently doing so was offensive to some. If asking a question offends anyone, I would think that they are in the wrong place since this is a place for questions to be asked. But if my asking was in some way offensive I apologize.
    i assept, we are fine. some times you just come on a bit strong. given time we will learn each other.

    Leave a comment:


  • cbg
    replied
    I don't have any problem with such information being posted. I was simply unsure if you were posting it for informational purposes or if you had a question about what you were posting.

    So I asked.

    Evidently doing so was offensive to some. If asking a question offends anyone, I would think that they are in the wrong place since this is a place for questions to be asked. But if my asking was in some way offensive I apologize.

    Leave a comment:


  • hwj
    replied
    Originally posted by herry View Post
    I guess what I am trying to say is - I have read on here post after post that there is no protection for the injured worker, which may be true in may states.

    In Ohio there is some protection. You can argue all you want. I will not.
    I know that I have not been terminated - still have health benefits the same as if I were an employee (paying the same co-pay) - I have been on TTD three years.

    I know that I will never be able to go back to work at this job and I am sure they know this as well and the day will come that I will terminated.

    I have stated the point that I was trying to make - there is a ruling by the Ohio Supreme Court that provides employment protection to recipients of temporary total disability compensation - I will post nothing more about it and you can dissect the ruling however you want.
    herry, i myself think you did a good job doing so. i like the way you made your point.

    Leave a comment:


  • herry
    replied
    I guess what I am trying to say is - I have read on here post after post that there is no protection for the injured worker, which may be true in may states.

    In Ohio there is some protection. You can argue all you want. I will not.
    I know that I have not been terminated - still have health benefits the same as if I were an employee (paying the same co-pay) - I have been on TTD three years.

    I know that I will never be able to go back to work at this job and I am sure they know this as well and the day will come that I will terminated.

    I have stated the point that I was trying to make - there is a ruling by the Ohio Supreme Court that provides employment protection to recipients of temporary total disability compensation - I will post nothing more about it and you can dissect the ruling however you want.

    Leave a comment:


  • cbg
    replied
    Evidently I've done something to offend you. Am I allowed to know what it is?

    Leave a comment:


  • hwj
    replied
    Originally posted by ElleMD View Post
    It was actually already discussed on another thread.
    thank you. we do know this, seems like the OP is trying to correct a mistake. seems like back in the other thread, some one told this OP, had posted in wrong place. so there for this person was trying to correct a mistake.

    Leave a comment:


  • ElleMD
    replied
    It was actually already discussed on another thread.

    Leave a comment:


  • hwj
    replied
    Originally posted by cbg View Post
    Do you have a question?
    looks like you do not have a question, or answer either. this is a good post, and most likely, will generate a lot of conversation too. given that this thread is not locked before discussions get under way. it most likely will generate some heated conversations, and i feel that is a good thing. i do know there are those out there that can not stand for such to go on. there is good info in this thread. let the conversations, and debates begin. have a good day any how, for i going to have a good day no matter what.

    Leave a comment:


  • cbg
    replied
    Do you have a question?

    Leave a comment:


  • herry
    started a topic Ohio Recipients of TTD

    Ohio Recipients of TTD

    I posted this in another post which may have not been the right place.

    A ruling by the Ohio Supreme Court provides employment protection to recipients of temporary total disability compensation.

    In a unanimous decision, the Supreme Court of Ohio has held that an employee who is receiving temporary total disability benefits pursuant to Ohio's workers' compensation system may not be discharged from his/her employment "solely" on the basis of absenteeism or inability to work, when the absence or inability to work is directly related to an allowed condition, or for failing to complete the employer's internal leave paperwork. Coolidge v. Riverdale Local School District (October 22, 2003), 100 Ohio St. 3d 141.

    In the case, the Court invalidated the Riverdale Local School District's firing of a teacher who had been off work for over two years and receiving temporary total disability compensation due to a work-related injury she sustained during a student assault. The Court reasoned that discharging an employee solely for missing work as a result of workplace injuries for which temporary total disability benefits are being paid violates the public policy embodied in Ohio's Workers' Compensation Act. However, the Supreme Court was careful to point out that an employee on temporary total disability compensation may be terminated for other reasons.

    One of the more stirring statements by the Court was its indication that temporary total disability recipients are entitled to "whatever period of absence from work is deemed medically necessary to complete their recovery or stabilize their injuries." Such a pronouncement seems to sanction lengthy recuperative absences and invites disputes over the "medical necessity" of the leave and the "stability" of the condition. Another pronouncement by the Court may also generate attention from employers. To prevent what the Court viewed as a potential end-run around its decision, the Court instructed that an employee also "may not be discharged for failing to complete forms required for a leave of absence, or for failing to notify his or her employer as to the length of the absence, where the employer is otherwise on notice of the employee's condition and status." According to the Court, this notice will be routinely inferred from the employer's participation in the workers' compensation process.


    I have been told that in Ohio it does provide protection to recipients of TTD.

    I have been off work for 3 years. I have received TTD the whole time. I have not been terminated by my employer. I still have employer health benefits. I have to pay the co-pay the same as if I was working. If I don't send my payment for the insurance my employer would then terminate my health benefits for non-payment and I would have the option for COBRA benefits.

    I am not a union, public, contract, or school employee. I was just a regular employee.
    Last edited by herry; 10-18-2007, 07:05 AM.
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