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Administrative
Practice Cases: Miscellaneous
(Court of
Appeals)
To see the full text of a
case on the Ohio Supreme Court's web site, click on the case name. To
return to the Case Index, click here.
| Cesa, State ex rel. v. Indus. Comm. (4/10/07) |
| Where Commission issued incorrect notice of hearing, proper remedy is
to vacate order and require Commission to issue proper notice of the
issues to be considered at the hearing and then issue a new order after
holding the hearing. |
Vote: 3-0
Opinion by: Judge Bryant
Court: Tenth Appellate District |
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| DaimlerChrysler
Corp.,
State ex rel.
v. Lopez (9/6/05)
|
R.C. 4123.511(J), governing
recoupment of
overpayments, does not apply to recoupment of amounts paid in error;
statutory provision only applies to overpayments created by a
judicial or administrative reversal of a previous order to pay
compensation.
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Vote: 3-0
Opinion by: Judge Klatt
Court: Tenth Appellate District |
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| Gen. Elec. Co., State ex rel. v. Indus. Comm. (6/28/07) |
| BWC/IC could reactivate claim which IC "dismissed" for failure to
comply with Resolution setting forth requirements for asbestos claim
when those requirements were satisfied; claimant is not required to
file new claim. |
Vote: 3-0
Opinion by: Judge French
Court: Tenth Appellate District |
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Navistar,
State ex rel.
v. Indus. Comm. (8/10/04)
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| Commission did not
violate due process by considering temporary total denial on
employer's appeal
when claimant had not appealed DHO's denial of temporary total.
Appeal by one party at administrative level makes the entire order
subject to review. |
Vote: 3-0
Opinion by: Judge Brown
Court: Tenth Appellate District |
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| Steinbrunner, State ex rel. v. Indus. Comm. (6/30/06) |
| Commission had no jurisdiction to consider whether intervening injury
had occurred where no notice had been provided to claimant that that
issue was going to be considered at hearing; consideration of issue not
included in notice of hearing violates Due Process. |
Vote: 3-0
Opinion by: Judge Travis
Court: Tenth Appellate District |
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