Login | February 07, 2025
Appeals panel rejects woman’s complaint against Industrial Commission of Ohio
KEITH ARNOLD
Special to the Legal News
Published: February 6, 2025
A Franklin County appeals panel denied a woman’s complaint against the Industrial Commission of Ohio, which found she had engaged in fraud by working at a California addiction and recovery facility while being paid temporary total disability compensation.
The three-judge panel of the Tenth District Court of Appeals affirmed a magistrate’s ruling to deny the writ of mandamus filed by Jamie Dattilio of Columbiana to compel the Industrial Commission to correct its finding.
“We agree with the magistrate’s conclusion that some evidence supported the finding of fraud,” Tenth District Judge Michael Mentel wrote for the panel. “Accordingly, we adopt the decision of the magistrate in full and deny relator’s request for a writ of mandamus.”
On Aug. 5, 2019, Dattilio sustained a work-related injury while working for Big Lots Inc., case background provided.
Her workers’ compensation claim was allowed for strain of muscle, fascia and tendon of her lower back and lumbar disc protrusion.
Dattilio was granted salary continuation and total temporary disability compensation from Aug. 11, 2019, through Dec. 20, 2020, when her physician of record found she had reached maximum medical improvement.
She subsequently signed a form to continue total temporary disability compensation and checked “no” when asked whether she was working in any capacity, including full or parttime, self-employment, income-producing hobbies and commission work or unpaid activities that are not minimal and directly earn income for someone else.
Dattilio had previously sent an email to Big Lots’ compensation manager using an email address associated with California Palms Addiction and Recovery Campus, which designated Dattilio as a chemical dependency counselor assistant.
The email prompted an investigation into the woman’s work activities, summary provided.
Dattilio testified that California Palms is an addiction rehabilitation center owned by her then-boyfriend Sebastian Rucci with whom she lived at the center.
A special agent for the Ohio Bureau of Workers’ Compensation found that Dattilio worked on everything from counseling and case management to scheduling and billing beginning on Jan. 1, 2020.
The agent also was informed by the Ohio Pharmacy Board that California Palms and Rucci were being investigated for insurance and Medicare fraud.
Big Lots filed a motion on Nov. 16, 2021, requesting the commission find that Dattilio committed fraud and declare an overpayment of compensation for the period beginning Jan. 1, 2020, summary continued.
An affidavit from Rucci claimed that Dattilio was his live-in girlfriend and that she was not an employed by California Palms.
He said a $2,000 check the facility paid to the woman was to reimburse her for the costs of supplies she had purchased for client art classes at the facility.
A hearing by a staff officer found there was only sufficient evidence to establish that Dattilio was working for California Palms from May 31, 2020, and that she was not entitled to compensation through the period ending Dec. 20, 2020.
The commission refused her appeal on June 22, 2022, prompting her to file a petition for writ of mandamus on July 13, 2022.
The magistrate wrote that Dattilio claimed she spent 90 percent of her time at the facility and occasionally helped with odds and ends around the premises, and that there was a period during which her boyfriend was ill and she assisted him with signing checks and performing administrative functions unrelated to the nature of the business.
“Claimant’s arguments are not persuasive. The evidence was clear and conclusive that claimant was working from May 31, 2020, to Dec. 20, 2020, for California Palms,” the magistrate concluded.
Tenth District Presiding Judge Terri Jamison and Judge Betsy Luper Schuster concurred with Mentel’s decision.
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