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  1. #1
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    Jul 2011
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    Default Civil Suit by Employer After Appeal Was Not Allowed

    My question involves workers compensation law for the state of: Ohio
    My fiance was granted workers compensation after 9 months of appeals. During his appeals he was allowed to file short term disability and his insurance covered his surgery. He only did this so that he could get the surgery and get back to work. They now have canceled his health insurance and his short term disability is over. He has known all along if this was ever approved he would pay that money back. Now that it was allowed, his employer is filing a civil suit against him. What is the civil suit for?

  2. #2
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    We don't know. We didn't file it.

  3. #3
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    Great answer! However, I was looking for a more educated/professional response. Is this common? Neither of us have ever filed workers compensation before.

  4. #4
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    If you have a copy of the Complaint at hand, what does it state as a Cause of Action, and what court, Common Pleas or Municipal?

  5. #5
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    Gimme a break. How the flaming heck do you expect us to know? Reading minds is not a requirement for responding here.

    You've got the complaint in front of you - we don't. What does it say?

  6. #6
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    I can only tell from what is on the county website, we have not received any paperwork from the court yet. It says Civil court and action is workers compensation. Not a lot of information.

  7. #7
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    Quote Quoting kkirby94
    View Post
    I can only tell from what is on the county website, we have not received any paperwork from the court yet. It says Civil court and action is workers compensation. Not a lot of information.
    You have not been served in any way? Odd?

    You can request a copy from the court clerk.

    Have the party names and case # at hand when you go down.

  8. #8
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    Jul 2011
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    Professionalism is obviously not a requirement of responding here either. CBG....I dont have a copy of a complaint. I am only going by a 5 second call from the attys admin asking him to schedule an appt about the civil suit filed. I was just trying to get information from this site to calm our nerves over a long weekend of waiting. I did not realize at the time I posted this that thier would be rude unprofessional people like yourself on this site. Please take your advise and give it to someone that wants it. I do not.

    BOR.....No nothing has been served at this point. I can see where they have sent something certified to our address. I guess we will just wait it out.
    Thanks for your help!

  9. #9
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    Aug 2007
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    Quote Quoting kkirby94
    View Post
    BOR.....No nothing has been served at this point. I can see where they have sent something certified to our address. I guess we will just wait it out.
    Thanks for your help!
    Yes, that would be the "certificate of service" entry on the complaint. That is to certify a copy was sent to you. Wait and read it then.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Civil Suit by Employer After Appeal Was Not Allowed

    It is neither rude nor unprofessional to point out that the employer could have any of a hundred different reasons for the suit and the responders here cannot possibly know what it is. We don't know if it's connected to your workers comp claim (and no, it is not common for an employer to sue an employee after filing workers comp) or if it is unrelated to the claim. We do not read minds and we do not have a crystal ball.

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