State ex rel. Smith v. Indus. Comm.
Case Details
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The Ohio Supreme Court reversed the Industrial Commission's declaration of overpayment and fraud, finding that the Commission abused its discretion by exercising continuing jurisdiction in an untimely manner—six years after the claimant notified the Bureau of the overpayment and four years after granting PTD benefits.
Excerpt
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.
Similar Rulings
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.
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