Injury Cases: Res Judicata/Collateral Estoppel
(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.
Res judicata
does not require that all diagnosed claims be filed in single motion.
Vote: 3-0
Opinion by:
Judge Delaney
Appellate District:
5
Where
claimant had previously withdrawn ACL claim before hearing at time when
evidence only indicated that ACL injury was possible, later
claim
for ACL was not barred by legal doctrine of res judicata.
Vote:
3-0
Opinion by:
Judge Farmer
Appellate District:
5
Decision of Administrator to deny claim was
not judicial, therefore res
judicata does not apply.
Vote:
3-0
Opinion by:
Judge Grady
Appellate District:
2
Res judicata
bars second claim for same injury which had previously been denied by
BWC.
Vote:
3-0
Opinion by:
Judge Cooney
Appellate District:
8
Res judicata
did not bar later claim for aggravation of pre-existing arthritis where
the parties did not have the opportunity to fully litigate a previously
denied claim for osteoarthritis.
Vote: 2-1
Opinion by:
Judge Valen
Appellate District:
12
Res judicata
does not apply where BWC decision not to allow claim is not
an adjucation; when BWC denied claim after injured worker had
failed to submit medical evidence, based on claims specialist's
conversation with injured worker, decision is not
an adjudication
and res judicata
does not bar decision in injured worker's favor on second application.
Vote:
3-0
Opinion by:
Judge Powell
Appellate District:
12
Where BWC disallowed claim based on conflicting medical
evidence was not appealed, that decision acts as res judicata to
bar a later application seeking allowance of the same condition.
Vote:
3-0
Opinion by: Judge
Sundermann
Appellate District:
1
Res judicata
bars second application for additional allowances where the treating
doctor indicates that the conditions are identical and the evidence is
based on the same MRI.
Vote:
3-0
Opinion by:
Judge Edwards
Appellate District:
5
Decision
on handicap reimbursement is unrelated to issue of allowance and
therefore doctrine of collateral estoppel does not apply.
Vote: 3-0
Opinion by: Judge
Osowik
Appellate District:
6
Trial court properly granted summary judgment for employer where
injured worker had already been granted right to participate for injury
at issue on an R.C. 4123.512.
Vote: 3-0
Opinion by:
Judge Sundermann
Appellate District: 1
Res judicata
applies and bars
consideration of a second application for allowance of an injury where
the BWC had adjuciated a previous application for an injury and that
decision had not been appealed.
Vote:
3-0
Opinion by:
Judge Farmer
Appellate District: 5
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
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
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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