Court Holds That Employee Who Was Fired After Suffering Work-Related Injury Cannot Collect Workers’ Compensation Benefits

It can happen to anyone – a crippling back injury at work caused by employer negligence. The fear of such a workplace injury became all too real for Shelby Robinson, a licensed practice nurse, or LPN, working at the Progressive Parma Care Center in Ohio. To all observers, there is absolutely no question that her injury was work-related However, the hospital she works at is seeking to prohibit her from receiving temporary total disability benefits. The reason? She was fired five days after her injury.

In documents prepared by the hospital during a court hearing, it was noted that during Robinson’s employment, she was disciplined on multiple occasions. As early as 2008, she was written up twice for violating rules at the institution. After she was written up the second time, Robinson admitted that she was warned at that point that any future violations would result in her dismissal.

Then, on April the 10th, 2008, Robinson injured her back at work and filed a workers’ compensation claim that was for a lumbar sprain and herniated disc resulting directly from her accident. Five days later, a state surveyor reported to Parma Care that Robinson had failed to communicate a resident’s dietary change, and check a resident’s feeding tube.