Fraud Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Fraud: Miscellaneous

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.

Ackerman, State ex rel. v. Indus. Comm. (5/16/03)

Evidence supported Commission’s finding that claimant who was receiving permanent total committed fraud by receiving permanent total when he was engaged in work activity.

Vote: 7-0
Opinion by: Per Curiam

Ellis, State ex rel. v. Indus. Comm. (8/15/01)

Commission properly declared overpayment and ordered recoupment of temporary total pursuant to fraud provisions where fact that claimant was working while receiving temporary total indicated that C-84s were false.

Vote: 7-0
Opinion by: Per Curiam

McBee, State ex rel. v. Indus. Comm. (6/19/12)

Finding of fraud requires evidence that injured worker knowingly misrepresented that he was not working while receiving temporary total. No evidence indicated that injured worker knew that unpaid activities constituted work, therefore Commission improperly found fraud.

Vote: 6-0
Opinion by: Per Curiam

Perez, State ex rel. v. Indus. Comm. (7/26/16)

Based on the Commission’s determination that injured worker had been engaged in work activities at garage he owned while receiving temporary total from 2007-2011, C-84 forms signed by claimant indicating he had not engaged in work since 2003, and claimant’s misrepresentations to doctors about the extent of his activities at the garage, the evidence supported Commission finding of fraud.

Vote: 6-1
Opinion by: Per Curiam

Sachdeva, State ex rel. v. Indus. Comm. (5/19/04)

Evidence supported finding that claimant who lied about income while receiving living maintenance wage loss committed fraud; evidence that claimant could physically perform previous work also supported finding of overpayment.

Vote: 7-0
Opinion by: Per Curiam