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Cite as State ex rel. Goodwin v. Indus. Comm., 124 Ohio St.3d 334, 2010-Ohio-166. THE STATE EX REL. GOODWIN, APPEALED, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL. Cite as State ex rel. Goodwin

The amount of wages paid for work in excess of a total disability benefit depends upon the worker's actual earnings received from his or her employment. See Ohio Rev. Code Ann. § 4027.17(A)(13)(b); see also O.R.C.P.A. § 3501.02(B). An insured or former insured who accepts a wage offer may be allowed a temporary total disability pay for up to three years from the date of the offer. The claimant must receive the money in excess of his or her disability benefit within a reasonable time and may not be paid more than the amount the claimant has already obtained from an insurance policy under the Ohio Disability Trust Act (O.R.C.P.A. § 3501.11). At trial, the testimony of experts established each of the following facts. 1. The claimant suffered from a temporary total disability as defined in Ohio Rev. Code Ann. § 4027.16. The claimant's job was “predictability sensitive,” as defined in O.R.C.P.A. § 3501.10, as determined by an expert. The claimant was paid in excess of the claimant's disability benefit. The claimant earned 200 annually, but received a total disability payment of 700 for periods between 1993 and 2001. The claimant's annual earnings were 6.5 million and his or her total disability benefit was 100,000. 2. The claimant was able to work when claimant could work. The claimant was allowed to work more than 30 hours per week despite his or her disability. Because the claimant worked more than 30 hours per week, the claimant was entitled to receive the full benefit under State law. According to the State's expert, a minimum wageworker's average total disability benefit should be 70,000 when receiving wages equal to or greater than his or her current total disability award plus a supplemental pension that covers 75 percent of the total disability award if the worker is 65 or older. 3. The claimant was not paid disability benefits for periods between the days during which the claimant could and could not work because the claimant, in the claimant's opinion, would or could “kill himself.” The claimant had no evidence of attempts by the claimant to kill himself, but stated that his belief in suicide was based on conversations with his mother and discussions with a psychiatrist. The claimant was not paid disability benefits during periods when the claimant would have been expected to work due to a doctor's recommendation as defined in O.R.

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