State ex rel. Bishop v. Indus. Comm

In State ex rel. Bishop v. Indus. Comm., Franklin App. No. 04AP-747, 2005 Ohio 4548, the claimant sought wage-loss compensation after suffering injuries while working for a car manufacturer. After reaching maximum medical improvement, the claimant worked as a car salesman at two automobile dealerships. The commission ultimately determined that, because the claimant failed to engage in a job search once he began work as a car salesman, the requirement of a good-faith job search was not waived. In a claimant's action in mandamus, this court first noted that a return to full-time employment does not automatically eliminate a claimant's duty to search for comparably paying work. However, we also noted that it was equally true that a job search is not mandatory, and, under certain circumstances, a claimant's failure to continue to seek employment will be excused. Id. at P12. The overriding concern, we stated, was the desire to ensure that a lower-paying position, regardless of hours, is necessitated by the disability and not motivated by lifestyle choice. Id.. To determine whether the wage loss amounts to a voluntary limitation should be determined based on the enumerated factors of physical impairment, age, industrial history, training and education, motivation, work experience, work record, diligence, and availability of jobs, and not based simply on a requirement for a continued diligent search by claimant after completion of his normal daily work schedule. Id. at P13.