Temporary Total Cases: Date of Termination (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Temporary Total: Date of Termination

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.

McCue, State ex rel. v. Indus. Comm. (7/20/10)

When Commission terminates temporary total based on treating doctor’s finding that condition is at MMI, proper date of termination is date of treating doctor’s report, not date of hearing. Therefore, Commission can find overpayment of temporary total compensation paid after the date of the treating doctor’s report and order recoupment of the overpayment.

Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10