State ex rel. Drone v. Indus. Comm.
Case Details
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Ohio
Related Laws
No specific laws identified for this ruling.
Outcome
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.
Excerpt
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.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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