State ex rel. McGinnis v. Industrial Commission

Two issues are presented: (1) Did claimant have an adequate remedy at law via an R.C. 4123.519 appeal? and, if not, (2) May appellant recoup temporary total compensation paid from September 30, 1982 by deducting it from claimant’s future compensation? We answer “no” to both questions.

R.C. 4123.519 provided, at the time relevant herein, in part:

“The claimant or the employer may appeal a decision of the industrial commission * * *, other than a decision as to the extent of disability, to the court of common pleas * * *.” (Emphasis added.)

*82It also directed the claimant to:

“* * * [W]ithin thirty…