State ex rel. Kitts v. Mancan, Inc.

I agree with the majority’s implicit ruling that Kitts can be fired for refusing a drug test. Irrespective of his refusal to be tested, however, Kitts should not be disqualified from receiving an appropriate level of compensation for his injuries.

Kitts’s dismissal, which is considered voluntary because he violated a company policy with knowledge that his conduct could result in discharge, precludes him from collecting compensation for temporary total disability. State ex rel. McKnabb v. Indus. Comm. (2001), 92 Ohio St.3d 559, 752 N.E.2d 254. However, Kitts should be eligible to pursue…