Employer Failed to Timely Raise Voluntary Abandonment Defense

A divided Ohio Supreme Court ruled that a hearing officer’s failure to address whether a worker had voluntarily retired from the workforce was not a mistake of law. Case: State ex rel. Navistar Inc. v. Industrial Commission, No. 2018-1416, 03/04/2020, published. Facts and procedural history: Gary E. Bisdorf worked for Navistar Inc., a self-insured employer. He injured his left knee while at work in 1971 and injured his right shoulder at work in 2001. Both injuries resulted in approved workers’ compensation claims and multiple surgeries. Bisdorf retired from Navistar in 2003 but...