No specific laws identified for this ruling.
The Ohio Supreme Court affirmed the court of appeals' order requiring the Industrial Commission/BWC to readjust all of claimant's previously paid workers' compensation based on the corrected average weekly wage, holding that R.C. 4123.52's two-year statute of limitations was not triggered because no application for readjustment was filed.
Workers' compensation—Average weekly wage incorrectly calculated resulting in underpayment of claim—After discovery of error Bureau of Workers' Compensation limited recoupment to the two-year period prior to the date the error was discovered—Court of appeals' order that Industrial Commission readjust all compensation previously paid affirmed—R.C. 4123.52 and State ex rel. Gen. Refractories Co. v. Indus. Comm., applied.
This summary was generated to explain the ruling in plain English and is not legal advice.
Mandamus—Labor relations—Public employees—R.C. Ch. 4117—State Employment Relations Board abused its discretion in dismissing public employee's unfair-labor-practice charge against employer because employer did not have authority to determine that employee's notice to arbitrate was untimely under collective-bargaining agreement—Board abused its discretion when it dismissed public employee's unfair-labor-practice charge against union without providing basic rationale for dismissal—Board did not abuse its discretion when it dismissed public employee's additional unfair-labor-practice charge against union, because union acted in accordance with public employee's waiver of union representation—Court of appeals' judgment granting writ of mandamus affirmed in part and reversed in part.
Workers' compensation—Temporary-total-disability compensation—R.C. 4123.56—Employee who had already been terminated for violation of employment policies before his shoulder surgery was not "unable to work" as "direct result of an impairment arising from an injury or occupational disease" under plain language of R.C. 4123.56(F) and thus was not entitled to receive temporary-total-disability compensation—Court of appeals' judgment reversed and writ granted.
Quo warranto—Mandamus—Appellants failed to challenge court of appeals' judgment dismissing their quo warranto claim on basis of laches and therefore waived that argument—Court of appeals' determination that appellants could not establish entitlement to city-council offices or that appellees were unlawfully holding the positions affirmed—Court of appeals' denial of request for writ of mandamus ordering continued payment of salaries and benefits as moot affirmed.
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