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Continuing
Jurisdiction Cases:
Two Year Limit
(Supreme
Court)
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.
| Garrett,
State ex rel. v. Indus. Comm. (7/24/02) |
|
Compensation
can only be awarded for two years before the application; a request for
allowance of an additional condition is not an application for
compensation. |
Vote:
7-0
Opinion by: Per Curiam |
|
| Jaynor,
State ex rel. v. The Gerstenslager Co. (12/22/99) |
| Two-year limitation in R.C.
4123.52 applies to claim for wage loss. Therefore, wage loss
compensation cannot be paid for periods more than two years before wage
loss application was filed. |
Vote: 7-0
Opinion by: Per Curiam |
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| Rizer,
State ex rel. v. Indus. Comm. (2/9/00) |
| The injured
worker amended an
application seeking compensation. The Court held that the filing date
of the initial application determines when the two year "continuing
jurisdiction" period for issuing an award begins. |
Vote:
6-1
Opinion by: Per Curiam |
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| Specht
v. BP America, Inc. (6/30/99) |
| Two-year
limitation of R.C.
4123.84 does not apply to a claim for residual condition. (A residual
condition occurs when a problem in another part of the body results
from an injury, in this case a psychological condition was caused by a
back injury.) Claim for residual condition must be considered within
the Commission's continuing jurisdiction. For a more detailed summary, click here. |
Vote:
4-3
Opinion by: Justice Pfeifer |
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