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Commission Lacks Continuing Jurisdiction to Review Hearing Officer’s Order on Fraud Case

In State ex rel Henegar v. Trinity Home Builders, Inc., et al., 10th Dist. No. 12AP-947,2013-Ohio-3339, 2013 WL 3963470, the Bureau of Workers’ Compensation moved the Industrial Commission to find a claimant fraudulently received temporary total compensation.  A staff hearing officer (“SHO”) denied the Bureau’s motion; however, the full Commission reconsidered the order, finding the SHO made a clear mistake of law. The claimant filed a mandamus complaint in the 10th District Court of Appeals challenging the Commission’s reconsideration decision.  The court vacated the Commission’s order and found the issue of intent to defraud is a factual finding. Therefore, the Commission’s exercise of continuing jurisdiction based upon a mistake of law was an abuse of discretion. Read the case here.

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