The State ex rel. Witt, Appellant,
Industrial Commission of Ohio et al., Appellees.
Submitted February 27, 2018
from the Court of Appeals for Franklin County, No. 15AP-804
Office of Thomas Tootle and Thomas Tootle, for appellant.
Michael DeWine, Attorney General, and Kevin J. Reis,
Assistant Attorney General, for appellee Industrial
W. Bright, for appellee Christian Morris Construction, Inc.
1} This is an appeal from the denial of a writ of
mandamus in a workers' compensation matter. Prior to
filing his complaint for a writ of mandamus, appellant, Billy
R. Witt Jr., appealed a decision of the Bureau of
Workers' Compensation recalculating his full weekly wage
("FWW") and average weekly wage ("AWW").
Appellee Industrial Commission upheld the recalculation and
instructed the bureau to determine how much Witt had
previously been overpaid and to recoup that amount through
reduction of his future benefits.
2} Witt then filed the above-mentioned complaint for
a writ of mandamus in the Tenth District Court of Appeals,
seeking to compel the commission to vacate its order
retroactively adjusting his benefit rate. The court concluded
that the bureau and the commission had had jurisdiction to
correct the miscalculation in Witt's FWW and AWW and that
the commission had not abused its discretion in upholding the
bureau's adjustment of Witt's benefit rate. The court
denied the writ of mandamus, and Witt appealed.
3} For the reasons that follow, we affirm the
judgment of the court of appeals.
and Procedural History
4} On July 2, 1997, Witt was injured in a
work-related motor-vehicle accident while employed by
appellee Christian Morris Construction, Inc. His workers'
compensation claim was initially allowed for a concussion,
contusions and open wounds, and a sprained pelvis. The
commission subsequently allowed additional medical
5} The bureau initially calculated Witt's FWW as
$416.63 and his AWW as $365.86. As of January 14, 2014, based
on those calculations, Witt had been paid compensation in the
amount of $196, 163.98.
6} In January 2014, Witt applied for
permanent-total-disability compensation. The commission
granted the application and awarded compensation beginning
November 19, 2013.
7} On March 2, 2015, the bureau notified Witt that
it had recalculated his FWW and AWW after discovering that
Witt's benefit rates had previously been incorrectly
calculated. His FWW, originally set at $416.63, was now
$422.81. His AWW was adjusted from $365.86 to $263.83. The
bureau's order stated that any overpayment that had
resulted from the ...