In a recent landmark decision, the Supreme Court of Ohio issued a ruling that could have significant implications for injured workers seeking compensation. The case, State ex rel. Dillon v. Indus. Comm., 2024-Ohio-744, revolves around the concept of "maximum medical improvement" (MMI) and its impact on temporary total disability compensation.
Understanding the Case: In Dillon, an injured worker was receiving temporary total disability compensation when their employer obtained a medical report suggesting they had reached MMI. Based on this report, the Industrial Commission of Ohio determined the injured worker to be at MMI, resulting in an "overpayment" of temporary total disability compensation.
Reversal of Precedent: The Supreme Court's decision in Dillon marks a significant departure from previous precedent, particularly the case of State ex rel. Russell v. Indus. Comm., 82 OhioSt.3d 516 (1998). The Russell case had established that an injured worker could not be deemed to be at MMI until the date of the Industrial Commission's hearing. However, the Dillon ruling overturned this precedent, giving the Industrial Commission the authority to declare an injured worker to be at MMI before the hearing.
Potential Impact: This shift in interpretation is expected to result in overpayments to injured workers, potentially costing them hundreds to thousands of dollars in compensation that had already been paid. Once an overpayment is declared, the Bureau of Workers' Compensation (BWC) or a self-insured employer may have the right to collect these funds from the injured worker when they receive a future award of compensation.
Seeking Legal Guidance: If you're concerned about the implications of this ruling on your own workers' compensation claim, or if you need legal representation to navigate the complexities of the system, don't hesitate to reach out to us at Zamora & Hogan Co., L.P.A. Our experienced team is here to provide guidance and support every step of the way.
To read the full text of the Supreme Court's decision in Dillon, you can access it through the following link: link to the decision.
If you have any questions or need assistance with your workers' compensation claim, please contact us online or call us at (614) 344-6822. We're here to help you navigate this challenging process and ensure you receive the compensation you deserve.