Death Cases: Miscellaneous

(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.

Lasko v. General Motors Corp. (8/1/03)

Employer cannot relitigate conditions previously allowed in death claim.

Vote: 3-0
Opinion by: Judge Ford
Appellate District: 11

Leto, State ex rel. v. Indus. Comm. (12/11/08)

Where decedent's workers' compensation claim had not been allowed at time of death, decedent was not lawfully entitled to benefits, therefore R.C. 4123.60's one year statute of limitations did not apply because R.C. 4123.60 requires a claim for accrued but unpaid benefits to be filed within one year of death if decedent was lawfully entitled to apply for benefits.

Vote: 2-1
Opinion by: Judge Klatt
Appellate District: 10

Ochs v. Bur. of Workers' Comp. (5/13/10)

In the absence of dependents with standing to pursue death benefits, no R.C. 4123.512 appeal could be made from denial of death benefits.

Vote: 3-0
Opinion by: Judge Stewart
Appellate District: 8

Thompson, State ex rel. v. Ohio Edison Co. (6/6/02)

R.C. 4123.511(J) applies where the worker died after the effective date of the provision and permits recoupment of overpayments in death claims.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10

White v. Conrad (1/5/05)

Where marriage is annulled, it is as if the marriage never existed. Therefore, widow whose death benefits were terminated on her remarriage was entitled to resumption of those benefits when the remarriage was annulled.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9