State ex rel. Martin v. Connor

The majority opinion here represents yet another unfortunate and unwarranted onslaught upon the State Insurance Fund of Ohio. There is no dispute that the relator, Donald Martin, has in fact been paid $8,907.75 more than allowed under Ohio law. The only issue is whether the Administrator of the Bureau of Workers’ Compensation may recoup this amount on behalf of the state of Ohio.

This court has affirmatively answered a similar issue in the case of State, ex rel. Weimer, v. Indus. Comm. (1980), 62 Ohio St. 2d 159 [16 O.O.3d 174], wherein the claimant was erroneously over-compensated due to a…