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.
Employer cannot relitigate conditions previously allowed in death claim.
Vote: 3-0
Opinion by: Judge Ford
Appellate District: 11
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
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
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
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
Injured at Work?
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injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
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