Continuing Jurisdiction Cases: Two Year Limit

(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.

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

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

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.

Vote: 4-3
Opinion by: Justice Pfeifer

Continuing Jurisdiction Cases: Two Year Limit

(Supreme Court)

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: 7-0Opinion 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: 7-0Opinion by: Per Curiam

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: 6-1Opinion by: Per Curiam

Specht v. BP America, Inc. (6/30/99)

Vote: 4-3Opinion by: Justice Pfeifer

Injured at Work?

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 6-1
Opinion by: Per Curiam

Vote: 4-3
Opinion by: Justice Pfeifer