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
Appellate District: 10

Copeland v. Bur. of Workers' Comp. (2/22/11)

Filing C-9 before claim expired tolled statute of limitations and permitted consideration of C-86 filed to gain authorization of C-9 which was fired after claim would have expired.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

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
Appellate District: 2

McNea, State ex rel. v. Indus. Comm. (9/7/09)

Commission interlocutory order which set forth SHO's failure to address issue raised by motion properly identified mistake of fact and law and justified exercise of continuing jurisdiction.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

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
Appellate District: 10

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
Appellate District: 10

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
Appellate District: 8

Continuing Jurisdiction Cases:Miscellaneous