State ex rel. Haddox v. Indus. Comm'n
Annotate this CaseA truck driver (Driver) was injured in 2005 in a traffic accident for which he was cited. Because it was his third moving violation in one year, Driver was dropped from his employer's liability insurance policy, and consequently, the employer fired him. The Industrial Commission initially concluded that Driver was not eligible for temporary total disability (TTD) compensation because his discharge was a voluntary abandonment of employment. A year later, a staff hearing officer approved a request for TTD compensation, concluding that Driver's discharge was not voluntary abandonment under the recently decided State ex rel. Gross v. Indus. Comm'n. The Commission invalidated the hearing officer's decision. The court of appeals issued a writ of mandamus ordering the Commission to award benefits or to reconsider the denial of benefits in accordance with Gross. The Supreme Court affirmed, holding (1) because Driver was discharged for the same misconduct that caused his industrial injury, the discharge was not tantamount to a voluntary abandonment of employment that precludes TTD compensation; and (2) the Commission abused its discretion when it reconsidered the order on the basis of res judicata.
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