STATE EX REL. BAKER v. INDUS. COMM.

No. 98-556.

89 Ohio St.3d 376 (2000)

THE STATE EX REL. BAKER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 9, 2000.


Attorney(s) appearing for the Case

Stewart R. Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy; and M. Blake Stone, for appellant.

Betty D. Montgomery, Attorney General, and C. Bradley Howenstein, Assistant Attorney General, for appellee Industrial Commission.

Buckingham, Doolittle & Burroughs, L.L.P., Richard A. Hernandez, Brett L. Miller and Julie M. Young, for appellee Stahl-Wooster Division, A Scott Fetzer Company.

Stewart R. Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal and issuance of writ for amici curiae AFL-CIO and Ohio Academy of Trial Lawyers.

Paul L. Cox, urging reversal and issuance of writ for amicus curiae Fraternal Order of Police of Ohio, Inc.

Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, urging reversal and issuance of writ for amici curiae Ohio Conference of Teamsters and Northwestern Ohio Building and Construction Trades Council.

Benesch, Friedlander, Coplan & Aronoff, L.L.P., N. Victor Goodman and Mark D. Tucker, urging reversal and issuance of writ for amicus curiae Ohio State Building and Construction Trades Council.

Cloppert, Portman, Sauter, Latanick & Foley, Christopher A. Flint and Frederic A. Portman, urging reversal and issuance of writ for amicus curiae Ohio Education Association.

Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor, urging affirmance for amici curiae Ohio Self-Insurers Association, and Ohio Manufacturers Association.


DOUGLAS, J.

The issue before us is whether a claimant who leaves his2 former position of employment for a new position forfeits TTD eligibility under the theory of voluntary abandonment of employment.

In Baker I, we held that Baker's voluntary departure from Stahl-Wooster precluded Baker's eligibility for TTD, as his departure from his former position of employment was predicated on his own actions, i.e....

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