Industrial Commission of Ohio

Workers' compensation—Total-temporary-disability compensation—R.C. 4123.511(K) requires Bureau of Workers' Compensation to recoup overpayment of total-temporary-disability compensation paid to an injured worker between time injured worker reached maximum medical improvement and date of termination of total-temporary-disability compensation—Court of appeals' judgment denying writ of mandamus affirmed—State ex rel. Russell v. Indus. Comm. overruled.

Workers' compensation—Whether a claimant has voluntarily retired or has abandoned the workforce is a question of fact for the Industrial Commission to determine—A court must uphold a factual determination by the commission so long as it is supported by some evidence in the record, regardless of whether evidence supporting a contrary conclusion also exists, even if the contrary evidence is greater in quality or quantity—Court of appeals' judgment affirmed.

Under State ex rel. McKee v. Union Metal Corp., 150 Ohio St.3d 223, 2017-Ohio-5541, ¶ 9-11, the commission's order denying permanent total disability compensation was supported by some evidence in the record showing that relator voluntarily abandoned the workforce and was therefore not eligible for benefits. As a result, relator was not entitled to relief in mandamus. Id. at ¶ 11. Objections sustained writ denied.

Magistrate's decision adopted. The magistrate appropriately found that the Industrial Commission of Ohio did not abuse its discretion in suspending further consideration of injured worker's claim under R.C. 4123.651, where injured worker had failed to show good cause for refusing mental/behavioral health testing by his employer's doctor. Writ of mandamus denied.

Because some evidence in the record supports the commission finding relator is medically capable of engaging in sustained remunerative employment of a sedentary nature and the relevant nonmedical disability factors do not preclude relator from currently engaging in such employment, the fact that the commission incorrectly relied on relator's non-allowed conditions as a basis for denying PTD in a separate portion of the order does not constitute grounds for the granting of a writ of mandamus. Writ denied.

Evidence before the Industrial Commission did not support the finding that claimant voluntarily abandoned his employment. Writ granted to return the issue of entitlement to temporary total disability compensation to the commission for further review.

Magistrate's decision adopted. The Industrial Commission of Ohio did not abuse its discretion by exercising continuing jurisdiction over claims for temporary total disability compensation and permanent total disability compensation for mistakes of fact and fraud, where the evidence showed the claimant was capable of, and was performing, sustained remunerative employment. The commission's orders identified and explained its findings, in accordance with the governing law.

Workers' compensation-Permanent total disability-There is no hourly standard for determining one's capability to perform sustained remunerative employment on part-time basis-Commission decides whether a claimant is capable of sustained remunerative employment on case-by-case basis-Commission did not abuse its discretion in relying on expert's report to find that claimant was capable of up to four hours of sedentary work a day-Court of appeals' judgment denying writ of mandamus affirmed.

Workers' compensation - Receipt of both wages and total disability compensation for the same period - Claimant informs Bureau of Workers' Compensation of erroneous payments - No action taken by Industrial Commission - Commission's later termination of claimant's permanent total disability award and declartion that all compensation after June 1, 1992, to be overpaid as the result of fraud an abuse of discretion - Commission's continuing jurisdiction was not exercised within a reasonable time and was therefore improper.

Workers' compensation—Permanent total disability compensation benefits awarded claimant—Termination of benefits—Writ of mandamus sought by claimant denied by court of appeals—Industrial Commission's determination that claimant committed fraud after discovery of his performance of sustained remunerative employment while receiving disability benefits affirmed.

Workers' compensation—Mandamus sought to compel Industrial Commission to increase relator's death benefit to the statutory maximum of 100 percent of the statewide average weekly wage under R.C. 4123.59—Writ denied—Zupp v. Youngstown Fire Dept. and State ex rel. Pickrel v. Indus. Comm., followed.

Workers' compensation—Permanent total disability compensation terminated and overpayment declared by Industrial Commission when claimant performed sustained remunerative employment while receiving permanent total disability compensation and Disabled Workers' Relief Fund benefits.

Workers' compensation—Surgeon's voluntary limitation of income—Industrial Commission did not abuse its discretion in denying application for wage-loss compensation, when.

Workers' compensation—Retroactive compensation adjustment following an average weekly wage recalculation is limited to the two years prior to the claimant's recalculation motion.

Workers' compensation—Retroactive compensation adjustment following an average weekly wage recalculation is limited to the two years prior to the claimant's recalculation motion.

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility.

Workers compensation—Judgment affirmed.