State ex rel. Witt v. Indus. Comm. (Slip Opinion)
Case Details
- Judge(s)
- Per Curiam
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The Ohio Supreme Court affirmed the denial of a writ of mandamus, upholding the Industrial Commission's decision to allow the Bureau of Workers' Compensation to recalculate the claimant's wage rates and recoup overpayment from future benefits.
Excerpt
Workers' compensation-Claimant's average weekly wage incorrectly calculated, resulting in overpayment of claim-Upon discovery of error, Bureau of Workers' Compensation adjusted claimant's average weekly wage-Industrial Commission affirmed adjustment and directed bureau to recoup overpayment from claimant's future benefits-R.C. 4123.52 grants the bureau and the commission authority to exercise continuing jurisdiction-Commission may modify former findings or orders if modification is justified-Court of appeals' judgment denying writ of mandamus to compel commission to vacate its order affirmed.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
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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