State ex rel. Perez v. Indus. Comm'nAnnotate this Case
Manuel Perez was injured while working in the construction industry and was awarded temporary-total-disability compensation. Prior to his injury, Perez owned and was operating an auto-repair business. Years later, the Industrial Commission of Ohio determined that Perez was overpaid temporary-total-disability compensation for more than four years and that he committed fraud in applying for it. The court of appeals affirmed the Commission’s finding of an overpayment and dismissed the fraud finding for insufficient evidence. The Supreme Court affirmed in part and reversed in part, holding that the Commission did not abuse its discretion (1) in finding that Perez had been overpaid compensation while operating his auto-repair business; and (2) when it concluded that the evidence supported a finding of fraud.