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Court of Appeals Finds Court Lacks Jurisdiction to Enforce Worker’s Compensation Settlement

In Said v. Admin, BWC, 2014-Ohio-841, a widower filed a claim for death benefits on account of the suicide of his wife.  The widower appealed a fraud finding, which pertained to the death claim to the trial court.  During the pendency of the case, the widower and the Bureau agreed to settle the claim and under the terms of the settlement agreement, the Bureau was to collect a substantial overpayment.  The trial court dismissed the case and the Bureau issued the widower a settlement check which was reduced by the overpayment.  The widower, upset because he did not receive all the proceeds he expected, filed a motion to nullify the settlement agreement, alleging he never agreed to the overpayment.  The court of appeals found the trial court had no jurisdiction to address such a motion because the dismissal entry did not contain the terms of the settlement agreement.  You can read the full decision here.

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