Continuing Jurisdiction Cases: Newly Discovered Evidence
(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.
Where
evidence could have been presented at previous hearings on issue of
average weekly wage, Commission did not abuse its discretion by
refusing to exercise continuing jurisdiction to reset average weekly
wage.
Vote: 3-0
Opinion by: Judge Travis
Appellate District: 10
Employer
could have discovered medical records during initial allowance of
claim, if it had exercised due diligence. Therefore, later
discovery of medical records indicating possibility that use of alcohol
had been involved in accident does not justify use of continuing
jurisdiction to reconsider allowance.
Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10
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