I received an overpayment of benefits in my Ohio Worker’sCompensation claim.

What does this mean? What do I do?

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Based upon a Supreme Court of Ohio decision, made in March 2024, the Industrial Commission of Ohio and its hearing officers can now terminate your temporary total disability benefits retroactively at the time of the hearing on the issues of termination of temporary total disability benefits and/or maximum medical improvement.  The problem with this procedure is that it creates an overpayment of benefits that you properly received according to your doctor’s work excuses.  However, the hearing officer can stop your benefits as of the date the employer had you examined by their doctor. The overpayment occurs because it takes several weeks for the employer to prepare and file their motion to terminate your temporary total disability benefits after they receive their doctor's report.  Thereafter, it takes several more weeks for the Industrial Commission of Ohio to schedule your hearing on the termination of your temporary total disability benefits (which continue to be paid as you await hearing).  As a result, if the hearing officer uses the employer’s exam report to your terminate temporary total disability benefits, a large overpayment may be created. An overpayment will be deducted, by the Ohio Bureau of Workers’Compensation, from your future Worker’s Compensation benefits at the rate of either 40% or 25%, depending on the type of award that you receive.  

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There are ways to reduce the amounts of the overpayment, if your attorney takes steps prior to the hearing to obtain additional medical evidence from your treating doctor.  Our office has dealt with the situation several times in the past and can assist you regarding this matter.  Please contact us through the website, via email (info@lellilaw.com), or by phone ((614)-464-2819).