Posted: August, 1998
Supreme Court Declares Commission Temporary Total Overpayment Policy Invalid
State, ex rel. Russell v. Indus. Comm. (8/5/98), 82 Ohio St.3d 516.In State, ex rel. Russell v. Indus. Comm. the Supreme Court has declared the Commission's temporary total overpayment policy improper. The Court indicated that where there is contested evidence, the injured worker is entitled to receipt of temporary total until the date of the hearing. Therefore, there is no basis for declaring an overpayment and the Commission's policy of retroactively terminating temporary total (and creating overpayments) is improper.
The Supreme Court held in the syllabus of this case:
The appropriate date on which to terminate disputed temporary total disability compensation on the basis of maximum medical improvement is the date of the termination hearing, and the commission may not declare an overpayment for payments received by the claimant before that date.
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