State ex rel. Hildebrand v. Wingate Transport, Inc.
Annotate this CaseAppellant injured his back while working as a mechanic for Employer. Six days after the injury, Appellant returned to work with a note from his doctor restricting him to modified duty. Appellant quit his job that same day. Thereafter, Appellant applied for temporary-total-disability compensation. The Bureau of Workers’ Compensation denied Appellant’s request on the ground that he had voluntarily quit his job and had not reentered the workforce. The Industrial Commission refused Appellant’s appeal. Appellant filed a complaint in the court of appeals seeking a writ of mandamus. The court of appeals denied the writ, concluded that Appellant was not fired but had voluntarily quit. The Supreme Court affirmed, holding that the Commission did not abuse its discretion in concluding that Appellant voluntarily abandoned his position for reasons unrelated to his industrial injury and in denying Appellant’s request for temporary-total-disability compensation.
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