State ex rel. Dillon v. Indus. Comm.
Case Details
- Judge(s)
- Kennedy, C.J.
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The Ohio Supreme Court affirmed the lower court's denial of a writ of mandamus, holding that the Industrial Commission of Ohio properly required recoupment of $5,549.40 in overpaid temporary-total-disability compensation that the claimant received after reaching maximum medical improvement, as required by R.C. 4123.511(K).
Excerpt
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.
Similar Rulings
Mandamus—Public-records requests—Relator failed to show that the only named respondent, a mail-room employee, had a clear legal duty to provide requested public records—Court of appeals improperly dismissed complaint after granting summary judgment to respondent—Court of appeals' judgment modified, and writ and request for statutory damages denied.
Attorney fees—$400 an hour determined to be reasonable rate given respondents' concession and the absence of satisfactory evidence submitted by relator in support of $690 rate billed by relator's attorneys—Respondents invoked "good-faith exception" too late because former R.C. 149.43(C)(3)(c) does not provide a basis for reducing an award of attorney fees but, rather, applies only to the court's initial determination of whether to award fees to a prevailing relator—Relator's attorney-fee application granted in amount of $28,120.
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