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Fraud
Cases: Miscellaneous
(Court of
Appeals)
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case on the Ohio Supreme Court's web site, click on the case name. To
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| Allied Holdings, Inc. v. Meade (12/18/06) |
| Employer cannot bring suit for fraud against claimant in common pleas court where Commission refused to make finding of fraud. |
Vote: 3-0
Opinion by: Judge Cupp
Court: Third Appellate District |
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| Goodwin, State ex rel. v. Indus. Comm. (11/18/08) |
| Injured worker did not commit fraud when he received temporary total
even though he worked for 33 hours after applying for
temporary total while waiting for bureacracy to process his
request. |
Vote: 2-1
Opinion by: Judge Tyack
Court: Tenth Appellate District |
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| Griffith, State ex
rel. v. Radix
Wire Co. (5/5/05) |
| Evidence
did not support Commission finding of fraud in receipt of temporary
total compensation. Finding of fraud must be based on evidence,
not
"speculation" and also requires evidence of intent to defraud. |
Vote: 3-0
Opinion by: Judge Bryant
Court: Tenth Appellate District |
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| Schultz
v. Admr. (7/9/02) |
| Commission finding of fraud
cannot be appealed pursuant to R.C. 4123.512. |
Vote: 2-1
Opinion by: Judge Kline
Court: Fourth Appellate District |
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| Williams, State ex rel. v. Indus. Comm. (5/24/07) |
| A Mary Kay
consultant did not engage in fraud based on sales activities primarily conducted by others during the period she received temporary total and wage loss compensation.
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Vote: 3-0
Opinion by: Judge Bryant
Court: Tenth Appellate District |
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