State ex rel. Martin v. Connor

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 claimant’s widow. Upon discovery of the claimant’s lawful wife (from whom he had never been divorced) the payments were terminated, but the amounts already paid were…