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State ex rel. Booth v. Indus. Comm.

Ohio Ct. App.December 10, 2013No. 13AP-204
Defendant WinDigital Dish, Inc.
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Case Details

Citation
2013 Ohio 5392
Judge(s)
Tyack
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal
State
Ohio
Circuit
10th Circuit

Related Laws

No specific laws identified for this ruling.

Outcome

The court denied the relator's mandamus petition seeking temporary total disability payments, affirming that the employee voluntarily abandoned his employment by violating the employer's work rule against outside employment and solicitation when he attempted to sell cable in competition with his employer.

What This Ruling Means

**Worker Loses Benefits After Competing with Employer** This case involved an employee of Digital Dish, Inc. who was injured on the job and sought temporary disability payments while unable to work. However, while receiving these benefits, the worker began selling cable services that competed directly with his employer's business. Digital Dish had a clear workplace rule prohibiting employees from working for competitors or soliciting customers for competing businesses. The court ruled against the employee and denied his request for continued disability payments. The court found that by violating his employer's rule against outside employment and solicitation, the worker had voluntarily abandoned his job. Since he was no longer technically employed due to his own actions, he was not entitled to temporary disability benefits. **What this means for workers:** Even when you're injured and receiving disability benefits, you must still follow your employer's workplace rules and policies. Competing with your employer or violating clear employment terms can result in losing your job and your benefits. If you're unsure about what activities are allowed while on disability leave, it's important to check your employee handbook or ask your HR department before taking on any outside work.

This summary was generated to explain the ruling in plain English and is not legal advice.

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