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Columbus, OH (WorkersCompensation.com) -- In Ohio, overpayments may be recouped from settlements due to a workers' compensation claimant.
So, how does it work? Here's the process by which the Buckeye State allows for recovery of overpayments:
- If the district hearing officer, staff hearing officer, deputy or the industrial commission determines that the injured worker was not justified in receiving temporary total disability prior to the date of the hearing, she will declare an overpayment from the date the injured worker was no longer justified in remaining on temporary total disability.
- The payment will be recovered from future awards related to the claim or any other claim.
- The recovery order will provide a method for the repayment of any overpayment as is reasonable, taking into account: 1) the factors as the amount of money to be recouped; 2) the length of the periodic payments to be made under any future award; and 3) the financial hardship that would be imposed upon the employee by any specific schedule of repayment.
For compliance information from around the U.S., head to WorkCompResearch
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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