Trial Practice Cases: Jurisdiction
(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.
Commission
decision not to terminate claim based on employer allegations of fraud
does not involve right to participate and cannot be appealed to court
under R.C. 4123.512.
Vote: 5-0, 2 concur in judgment only
Opinion by: Lanzinger
Failure to name or serve Administrator of the BWC as party on R.C. 4123.512 appeal does not deprive court of jurisdiction.
Vote: 6-1
Opinion by: Lanzinger
An injured worker can pursue a claim for aggravation of a condition
on an R.C. 4123.512 appeal to court even if the issue of aggravation
had not been considered at the administrative level.
Vote: 6-1
Opinion by: Lanzinger
Trial court does not clearly lack jurisdiction over case involving multiple claimants filing single notice of appeal.
Vote: 7-0
Opinion by: Per Curiam
If
right to participate in the workers' compensation system has already
been determined, a decision that the claimant can no longer participate
can be appealed under R.C. 4123.512.
Vote: 6-1
Opinion by: Pfeifer
Injured at Work?
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and
in court.
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