State ex rel. Timken Co. v. Kovach

In State ex rel. Timken Co. v. Kovach, 99 Ohio St.3d 21, 2003 Ohio 2450, 788 N.E.2d 1037, the Supreme Court of Ohio explained that "in some situations, the commission may require a claimant with full-time employment to nevertheless continue looking for 'comparably paying work.' " Id. at P24, citing State ex rel. Yates v. Abbott Laboratories, Inc., 95 Ohio St.3d 142, 2002 Ohio 2003, at P38, 766 N.E.2d 956. The court went on to explain that, the overriding concern in wage-loss cases is the desire to ensure that a lower-paying position, regardless of hours, is necessitated by the disability and not motivated by lifestyle choice, and this is a concern that applies equally to regular full-time employment. Id., citing Yates, at P37.