Continuing Jurisdiction Cases: Newly Discovered Evidence
(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.
Where
employer seeks to have Commission exercise continuing jurisdiction
based on newly discovered evidence, but employer could have previously
discovered the evidence if it had acted with due diligence, there
is no basis for the exercise of continuing jurisdiction.
Vote: 7-0
Opinion by: Per Curiam
Where
injured worker's supervisor provided affidavit supporting injured
worker's VSSR claim, affidavit was "new and additional evidence" which
supported Commission decision to grant rehearing. However, because
Commission's order did not understandably explain decision, Commission
must issue new order containing adequate explanation.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
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and
in court.
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306 E. Gay St. | Columbus, OH 43215
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