Trial Practice Cases: Notice of Appeal/Complaint
(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's
notice of appeal to common pleas court substantially complied
with requirements and provided sufficient information to understand
what order employer was appealing; even though notice of appeal
referenced wrong order, a copy of the correct order was attached.
Vote: 3-0
Opinion by: Judge Valen
Appellate District: 12
Notice
of appeal which listed proper employer, claim number and party
appealing, and was served with complaint listing procedural history was
valid even though it listed the wrong order because it was
in substantial compliance with requirements for valid notice of
appeal.
Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8
Court
improperly dismissed workers' compensation case in employer's appeal
where claimant was unrepresented and was not provided with sufficient
notice that failure to file a complaint would result in the dismissal
of his claim.
Vote: 2-1
Opinion by: Judge Singer
Appellate District: 6
Employer's
notice of appeal which referenced wrong hearing was in substantial
compliance with statutory requirements because it put claimant on
notice of what was being appealed.
Vote: 3-0
Opinion by: Judge McMonagle
Appellate District: 8
R.C.
4123.512 requires claimants to file individual appeals. Multiple
claimants cannot file combined notice of appeal against employer.
Vote: 2-1
Opinion by: Judge Wise
Appellate District: 5
Attempted
R.C. 4123.512 appeal which did not indicate what order was being
appealed and which did not notify all parties of the attempt to appeal
was not in substantial compliance and did not provide the trial
court with jurisdiction over the appeal.
Vote: 3-0
Opinion by: Judge Whitmore
Appellate District: 9
Trial
court properly granted judgement to employer when injured worker failed
to re-file complaint within one year of Rule 41(A) dismissal as
required by savings statute.
Vote: 3-0
Opinion by: Judge Wise
Appellate District: 5
Where
employer was dismissed as party because complaint was not properly
served upon it, employer is entitled to dismissal of appeal because it
is a necessary party under R.C. 4123.512.
Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10
Claimant
who failed to timely file complaint in response to employer's 4123.512
appeal must be given chance to respond before court grants judgment for
employer.
Vote: 3-0
Opinion by: Judge Brogan
Appellate District: 2
Notice of
Appeal which contained wrong information about employer, claim number
and date of injury does not substantially comply with R.C. 4123.512
requirements. Errors in notice of appeal cannot be corrected by
reference to complaint.
Vote: 3-0
Opinion by:
Judge Celebrezze
Appellate District: 8
Multiple
claimants can file single notice of appeal against employer, as long as
notice of appeal meets requirements of R.C. 4123.512. Trial court
can determine whether claims should remain joined or should be severed.
Vote: 3-0
Opinion by: Judge Carr
Appellate District: 9
R.C.
4123.512 appeal must be filed within 60 days of receipt of Industrial
Commission order. Appeal filed within 60 days of receipt of
reconsideration order, but over 90 days after receipt of Commission
order is not timely because appeal period is not extended by filing
motion for reconsideration with Commission.
Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10
Purported
notice of appeal which failed to provide information about the worker's
compensation claim the party was attempting to appeal and which
appeared to seek an investigation of events was not sufficient
to substantially comply with R.C. 4123.512's requirements for a
notice of appeal from an Industrial Commission decision.
Vote: 3-0
Opinion by: Judge Fain
Appellate District: 2
60 day appeal period runs from time of second (corrected) Commission
order which correctly listed date of the appeal being ruled on, rather
than from time of first order which listed an incorrect appeal date.
Vote: 2-1
Opinion by:
Judge Tyack
Appellate District: 10
Failure to
serve Administrator with notice of appeal was not jurisdictional and
trial court improperly dismissed case and denied motion to amend
complaint to add Administrator as party.
Vote:
3-0
Opinion by: Judge Grady
Appellate District: 2
Trial
court improperly granted employer's motion for default judgment based
on claimant's failure to timely file complaint in employer appeal where
claimant had filed motion for leave to file untimely complaint and
court did not rule on that motion. Motion for leave to file must
be considered because policy favors deciding cases on the merits and
claimants must be given opportunity to show that the failure to timely
file complaint was due to excusable neglect or good cause.
Vote: 3-0
Opinion by: Judge Hoffman
Appellate District: 5
Notice
to non-attorney representative is sufficient notice
to representative for purposes of calculating 60 day period to
file appeal because statute does not say date is calculated from
receipt of notice by attorney representative.
Vote: 3-0
Opinion by: Judge Moore
Appellate District: 9
Where
record did not indicate what day claimant received Industrial
Commission's denial of claim, Common Pleas court improperly dismissed
appeal as untimely.
Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7
Unrepresented
injured worker was not put on notice by employer's notice of appeal
that she was required to do anything and therefore trial court erred in
dismissing her claim for failure to timely file complaint.
Vote: 3-0
Opinion by: Judge Brogan
Appellate District: 2
Injured at Work?
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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.
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disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
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