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Continuing
Jurisdiction 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.
| 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 |
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Druck
v. Dynalectric Co. (7/11/03)
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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.
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Vote: 3-0
Opinion by: Judge Brogan
Court: Second Appellate District
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| 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 |
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Romans,
State ex rel. v. The Elder Beerman Stores Corp. (12/10/02)
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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.
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Vote: 2-0, 1
concurs in judgment only
Opinion by: Judge Brown
Court: Tenth Appellate District
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