Continuing Jurisdiction Cases:
Miscellaneous

(Court of Appeals)

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.

Cocherl v. Ohio Dept. of Transp. (6/26/07)

The calculation of continuing jurisdiction runs from the date the BWC issues a check, not from the date the check was received.

Vote: 2-1
Opinion by: Judge McGrath
Court: Tenth Appellate District

Druck v. Dynalectric Co. (7/11/03)

When injured worker filed motion to reconsider claim after BWC denied initial claim due to lack of medical evidence, proper issue was whether or not Industrial Commission had continuing jurisdiction over claim -- not whether res judicata applied.

Vote: 3-0
Opinion by: Judge Brogan
Court: Second Appellate District

Rampe, State ex rel. v. Indus. Comm. (9/5/02)

Payment of medical bills by BWC kept claim alive, permitting Commission to find overpayment.

Vote: 3-0
Opinion by: Judge Deshler
Court: Tenth Appellate District

Romans, State ex rel. v. The Elder Beerman Stores Corp. (12/10/02)

Order which only indicated that Commission had lost continuing jurisdiction to grant further compensation, but did not extinguish right to future medical payments, did not extinguish claim and was challengable in mandamus, rather than through appeal. Statute of limitations is procedural issue, therefore limitations provision as amended in 1993 applied even though worker had been injured in 1991.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Brown
Court: Tenth Appellate District

Sutphin v. Lamson & Sessions Co. (4/23/09)

Industrial Commission has jurisdiction to consisder additional allowance under R.C. 4123.52 even though claim should have expired where award was made and paid by self-insurer after time claim should have expired, and the period of continuing jurisdiction from that award had not expired.

Vote: 3-0
Opinion by: Judge Sweeney
Court: Eighth Appellate District

Continuing Jurisdiction Cases:Miscellaneous