Administrative Practice Cases: Miscellaneous

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Cleveland Bar Assn. v. CompManagement, Inc. (12/15/04)

Non-attorney representation before the Commission and BWC is permitted as long as it is consistent with Industrial Commission Resolution R04-1-01.

Vote: 4-2, 1 concur in judgment
Opinion by: Justice Resnick

Cleveland Bar Assn. v. CompManagement, Inc. (12/6/06)

Third-party administrators may offer general assistance in workers' compensation claims, as long as the assistance does not require legal analysis, skill, citation or interpretation.

Vote: 5-0, 1 concurs in judgment only, 1 concurs in part and dissents in part
Opinion by: O'Connor

Dayton Bar Assn. v. Korte (11/15/06)

Employer's attorneys acted improperly when they failed to comply with O.A.C. 4123-3-09(C)(5)(a) and provide a copy of a medical report resulting from an employer's medical exam to the claimant's representative and BWC.

Vote: 7-0
Opinion by: Per Curiam

Lapp Roofing & Sheet Metal Co., Inc., State ex rel. v. Indus. Comm. (3/5/08)

Notice of appeal from BWC order which listed wrong date for order "substantially complied" with requirements of R.C. 4123.511.

Vote: 7-0
Opinion by: Per Curiam

Ochs, State ex rel. v. Indus. Comm. (6/23/99)

Noll requirement that Commission orders provide reasons explaining Commission decisions also applies to Bureau of Workers' Compensation.

Vote: 4-2, 1 concur/dissent
Opinion by: Per Curiam

Saunders, State ex rel. v. Indus. Comm. (2/11/04)

The Commission was not required to follow the provisions of R.C. Chapter 119 (relating to administrative rule-making) in adopting Hearing Officer Memo E.7 because Memo E.7 is an interpretation of statutory and case law, not an expansion of authority.

Vote: 7-0
Opinion by: Per Curiam

Administrative Practice Cases: Miscellaneous

(Supreme Court)

Cleveland Bar Assn. v. CompManagement, Inc. (12/15/04)

Non-attorney representation before the Commission and BWC is permitted as long as it is consistent with Industrial Commission Resolution R04-1-01.

Vote: 4-2, 1 concur in judgmentOpinion by: Justice Resnick

Cleveland Bar Assn. v. CompManagement, Inc. (12/6/06)

Third-party administrators may offer general assistance in workers' compensation claims, as long as the assistance does not require legal analysis, skill, citation or interpretation.

Vote: 5-0, 1 concurs in judgment only, 1 concurs in part and dissents in partOpinion by: O'Connor

Dayton Bar Assn. v. Korte (11/15/06)

Employer's attorneys acted improperly when they failed to comply with O.A.C. 4123-3-09(C)(5)(a) and provide a copy of a medical report resulting from an employer's medical exam to the claimant's representative and BWC.

Vote: 7-0Opinion by: Per Curiam

Lapp Roofing & Sheet Metal Co., Inc., State ex rel. v. Indus. Comm. (3/5/08)

Notice of appeal from BWC order which listed wrong date for order "substantially complied" with requirements of R.C. 4123.511.

Vote: 7-0Opinion by: Per Curiam

Ochs, State ex rel. v. Indus. Comm. (6/23/99)

Noll requirement that Commission orders provide reasons explaining Commission decisions also applies to Bureau of Workers' Compensation.

Vote: 4-2, 1 concur/dissentOpinion by: Per Curiam

Saunders, State ex rel. v. Indus. Comm. (2/11/04)

The Commission was not required to follow the provisions of R.C. Chapter 119 (relating to administrative rule-making) in adopting Hearing Officer Memo E.7 because Memo E.7 is an interpretation of statutory and case law, not an expansion of authority.

Vote: 7-0Opinion by: Per Curiam

Injured at Work?

Vote: 4-2, 1 concur in judgment
Opinion by: Justice Resnick

Vote: 5-0, 1 concurs in judgment only, 1 concurs in part and dissents in part
Opinion by: O'Connor

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 4-2, 1 concur/dissent
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam