Charles J. Cochran, Jr. | May 20, 2011
You can imagine the concern that an injured worker would have where they have been awarded a sum of money and then months or even years later the Ohio Bureau of Worker’s Compensation demanded the worker repay the award or a portion of it (or take some reduction in their future benefits to offset the payment). Please keep in mind this is not a person who committed any type of fraud, misstatement or otherwise acted improperly and, in fact, the Bureau did not claim the worker did anything wrong. The injured worker had simply followed his own doctor’s orders in obtaining recommended treatment, and as a result the Bureau claimed some current improvement in his condition such that he no longer suffered from a functional loss of use.
Again, the question here involved an alleged improvement in the current percentage of disability from that which existed at the time of the original award.