State ex rel. Akron Paint & Varnish, Inc. v. Gullotta
Annotate this CaseEmployee injured his back while working for Employer. Employee returned to light-duty work but complained about his job duties. Employer offered him another position within his physical limitations, but Employee resigned. Employee subsequently filed a motion for temporary total disability (TTD) benefits. The Industrial Commission of Ohio initially denied the request. After Employee's claim was additionally allowed for another medical condition, Employee filed a new motion for TTD benefits. The Commission awarded Employee benefits based on new and changed circumstances from the Commission's previous order. The court of appeals issued a writ of mandamus ordering the Commission to vacate its second order and to enter an order denying TTD compensation, concluding that the Commission had abused its discretion when it relied on the additionally allowed medical condition as a new and changed circumstance since the previous order. The Supreme Court affirmed, holding (1) Employee did not present evidence to justify the Commission's exercise of continuing jurisdiction; and (2) Employee was ineligible to receive TTD compensation for the period requested because his injury was not the reason that he could not return to his former position of employment.
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