State ex rel. Witt v. Industrial Commission of OhioAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals denying the writ of mandamus sought by Appellant seeking to compel the Industrial Commission to vacate its order retroactively adjusting Appellant’s benefit rate.
After Appellant was injured in a work-related motor vehicle accident he began receiving workers’ compensation benefits. After the Bureau of Workers’ Compensation discovered that Appellant’s benefit rates had been incorrectly calculated, it recalculated Appellant’s full weekly wage and average weekly wage. The Commission affirmed the Bureau’s order and instructed the Bureau to determine how much Appellant had previously been overpaid and to recoup that amount through reduction of his future benefits. The court of appeals concluded that the Commission had not abused its discretion in upholding the Bureau’s adjustment of Appellant’s benefit rate. The Supreme Court affirmed, holding that Appellant failed to demonstrate a clear legal right to the relief requested or a clear legal duty on the part of the Commission to provide it.