STATE, EX REL. DeLONG, v. INDUS. COMM.

No. 87-1011.

40 Ohio St. 3d 345 (1988)

THE STATE, EX REL. DELONG, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Chester T. Freeman Co., L.P.A., and William R. Polhamus, for appellee.

Bricker & Eckler and Charles D. Smith, for appellant Amcast Industrial Corporation.

Anthony J. Celebrezze, Jr., attorney general, Helen M. Ninos and Jeffery W. Clark, for appellant Industrial Commission.


Per Curiam.

Two issues are before this court: (1) whether the payment of temporary total disability compensation from January 12, 1982 through August 17, 1982 was a mistake of fact under circumstances precluding recoupment from appellee claimant, and (2) if entitled to recoupment, whether appellant should have properly sought relief from the State Surplus Fund instead of from the appellee. We answer both questions in the negative.

As to the first issue...

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