State ex rel. Ellis Super Valu, Inc. v. Industrial Commission

{¶ 1} No one disputes appellee Susan B. Hudgel’s inability to return to her former position of employment. Her employer, appellant Ellis Super Valu, Inc. (“ESV”), offered her a light-duty position consistent with her medical restrictions, but Hudgel declined because the position required her to work evenings. We must determine whether her refusal bars temporary total disability compensation under R.C. 4123.56(A).

{¶ 2} Hudgel industrially injured her right shoulder on August 20, 2004, and a workers’ compensation claim was allowed. She was unable to return to her former position of employment…