Trial Practice Cases: Remand to Industrial Commission
(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.
Trial
court cannot remand case to Industrial Commission for further
proceedings, but must make a determination on the merits of the claim.
Vote: 3-0
Opinion by: Judge Grady
Appellate District: 2
Trial
court has jurisdiction to remand case to Industrial Commission to
clarify whether or not decision involves right to participate or extent
of disability, so that trial court can determine whether it has
jurisdiction under R.C. 4123.512.
Vote: 3-0
Opinion by: Judge Grady
Appellate District: 2
Where
it is unclear whether the Commission has terminated a claim due to an
intervening injury (which involves the right to participate and can be
appealed under R.C. 4123.512) or has found that treatment sought is
unrelated to the claim (which involves extent of disability and cannot
be appealed), order is remanded to Commission for clarification.
Vote: 3-0
Opinion by: Judge Painter
Appellate District: 1
Injured at Work?
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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
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