Employer Cases: Surplus Fund Reimbursement (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Employer: Surplus Fund Reimbursement

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Complete Auto Transit, Inc., State ex rel. v. Ohio Bur. of Workers’ Comp. (5/24/00)

Self-insurer sought reimbursement from surplus fund of temporary total it voluntarily paid when the injured worker was not temporary total. Court denies reimbursement because reimbursement from surplus fund in effect at the time the temporary total was paid in the mid-to-late 1980s was only available for payments pursuant to an administrative order.

Vote: 4-3
Opinion by: Justice Resnick

Dillard Dept. Stores, State ex rel. v. Ryan (6/16/09)

Self-insurer not entitled to reimbursement from surplus fund after injured worker dismisses employer’s appeal due to settlement.

Vote: 7-0
Opinion by: Moyer

Extendicare Health Servs., Inc., State ex rel. v. Ryan (6/8/10)

Employer which opts-out of surplus fund reimbursement program is entitled to reimbursement from the surplus fund for medical payments it made for conditions which were disallowed after the employer opted-out of the program.

Vote: 6-0
Opinion by: Per Curiam

Kokosing Constr. Co., Inc., State ex rel. v. Ohio Bur. of Workers’ Comp. (7/28/04)

Self-insurer is entitled to reimbursement from surplus fund after Commission exercises continuing jurisdiction to deny previously allowed claim because of fraud.

Vote: 7-0
Opinion by: Per Curiam

Roadway Express, Inc., State ex rel. v. Indus. Comm. (8/5/98)

Once Commission determined that injured worker’s condition was at maximum medical improvement, there was no basis for continuing payment of temporary total compensation. Employer was entitled to reimbursement from surplus fund (under former statutes) for amounts improperly paid.

Vote: 7-0
Opinion by: Per Curiam

Sysco Food Serv. of Cleveland, Inc., State, ex rel. v. Indus. Comm. (9/13/00)

Even after the 1993 amendments, a self-insured employer is entitled to reimbursement from the surplus fund where an injured worker received temporary total compensation, in a claim which was ultimately disallowed.

Vote: 6-1
Opinion by: Per Curiam