STATE EX REL. ABATE v. INDUS. COMM.

No. 2001-0886.

96 Ohio St.3d 343 (2002)

2002-Ohio-4796

THE STATE EX REL. ABATE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided September 25, 2002.


Attorney(s) appearing for the Case

Hochman & Roach Co., L.P.A., Gary D. Plunkett and Michelle L. King, for appellant.

Betty D. Montgomery, Attorney General, and Daniel M. Hall, Assistant Attorney General, for appellee.


Per Curiam.

{¶ 1} It is undisputed that appellant-claimant Alice M. Abate was overpaid permanent total disability and Disabled Workers' Relief Fund benefits from November 25, 1987, through July 5, 1989. Pursuant to R.C. 4123.511(J), appellee Industrial Commission of Ohio ordered recoupment via offset from future compensation. Contending that the statute did not apply, claimant sought a writ of mandamus from the Court of Appeals for Franklin County...

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