Ohio Supreme Court Further Erodes Injured Worker Rights and Benefits

05 April 2024
Shawn Scharf
Ohio Supreme Court Further Erodes Injured Worker Rights and Benefits

In a devastating decision for injured workers throughout Ohio, the Ohio Supreme Court on March 5, 2024 handed down State ex rel. Dillon v. Industrial Commission of Ohio. While the case only dealt with an overpayment of benefits for one injured worker, the Court went beyond the circumstances of the case and in so doing, reversed its own decision from 25 years earlier. Under the new decision, injured workers will be subject to a finding of an overpayment of benefits where they previously would not have been. This in turn will reduce future benefit payments for the injured worker.

In a blistering dissent by Justice Brunner and two other Justices, it was explained how the majority of the Court was completely wrong in reaching its conclusion. It was further discussed why the Court’s decision went beyond what was actually before it resulting in a damaging situation for workers and a benefit to employers.

Because of decisions like these, it is so important to vote and be knowledgeable regarding candidates for the Ohio Supreme Court and all lower courts. As Ohioans, we should push for judges that will stand up for workers and their rights, particularly those who are injured through no fault of their own. There is no better time than the November election when multiple Ohio Supreme Court Justices are on the ballot.

If you need help pursuing your rights as an injured worker in the Ohio Workers’ Compensation system, please contact Green Haines Sgambati for a free consultation.

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