|
|||
|
|
|
Prorated salary does not preclude teacher from receiving TTD benefits
In Ohio, a teacher who elects to prorate her salary over a 12-month period rather than the nine-month school year is not precluded from receiving TTD benefits during the summer months if she did not receive wages during that period.
Case name: State ex rel. Glenn v. Industrial Commission, Slip Opinion No. 2009-Ohio-3627 (Ohio 07/30/09). Ruling: The Ohio Supreme Court determined that a teacher who suffered an on-the-job injury should not be denied both her salary and temporary total disability benefits during the summer. It remanded the case to determine whether she received her salary during the summers in question.
Summary: A teacher was awarded TTD benefits after she suffered a work-related psychological injury and was unable to return to the classroom. Prior to the injury, the teacher had elected to prorate her salary over a 12-month period so she could receive wages during the summer. She received TTD benefits for her inability to work during the regular school year. However, she argued she should not be denied TTD compensation over the summer breaks. The Ohio Supreme Court pointed out that the purpose of TTD is to compensate for the loss of earnings, and if the teacher lost wages during the summer, she would be entitled to TTD benefits. The court held that since she suffered an injury that rendered her unable to teach, she was entitled to one or the other but could not be denied both merely because she elected to prorate her salary over 12 months. The Supreme Court returned the case to review the teacher's payroll records and determine whether she already received wages during the summer breaks. Read more at the WORKERSCOMP ForumTM homepage. August 31, 2009 Copyright 2009© LRP Publications |
|
|
|
Entire contents copyright © 2013 Risk and Insurance® All rights reserved.
May not be reproduced in any form without written permission.
|