PARKS v. GARNES

No. 76-375.

49 Ohio St. 2d 251 (1977)

PARKS, APPELLEE, v. GARNES, ADMR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 23, 1977.


Attorney(s) appearing for the Case

Mr. Robert C. Parks, pro se.

Mr. William J. Brown, attorney general, Mr. Richard A. Szilagyi and Mr. Raymond A. Stegmeier, for appellants.


DAY, J.

Despite the statutory and decisional maze this cause has traveled, the question for decision now is fairly simple: Whether benefits under R. C. 4141.28, paid in error, are subject to repayment or recoupment against future benefits pursuant to R. C. 4141.35(B)(1). The question is properly answered in the affirmative. We reverse the judgment of the Court of Appeals.

The portion of R. C. 4141.35 relevant here provides:

"(B) If the administrator...

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