STATE, EX REL. MARTIN, v. CONNOR

No. 82-1817.

9 Ohio St. 3d 213 (1984)

THE STATE, EX REL. MARTIN, v. CONNOR, ADMR., BUREAU OF WORKERS' COMPENSATION.

Supreme Court of Ohio.

Decided February 22, 1984.


Attorney(s) appearing for the Case

Clayman & Jaffy Co., L.P.A., Mr. Stewart R. Jaffy and Mr. Henry A. Arnett, for relator.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Gerald H. Waterman, for respondent.


Per Curiam.

The question presented in this cause is whether a retroactive increase in DSS payments gives rise to a recoupable overpayment of DWRF benefits. This court has found that the recoupability of payments made under a mistake of fact depends on the circumstances.

In Indus. Comm. v. Dell (1922), 104 Ohio St. 389, this court did not require the refund of payments made under the good faith but mistaken belief that a woman was a deceased...

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