Continuing Jurisdiction Cases: R.C. 4123.522 Relief (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Continuing Jurisdiction: R.C. 4123.522 Relief

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

LTV Steel, State ex rel. v. Indus. Comm. (4/5/00)

Employer sought relief pursuant to R.C. 4123.522. Court held that employer was not entitled to such relief because of evidence that employer had actual knowledge of order.

Vote: 7-0
Opinion by: Per Curiam

Miesse, State ex rel. v. Holophane Corp. (4/28/04)

Letter notifying Commission that attorney was acting as employer’s representative was sufficient notice to justify R.C. 4123.522 relief when Commission failed to provide representative with notice of order.

Vote: 7-0
Opinion by: Per Curiam

Tisdale, State ex rel. v. Cherry Hill Management, Inc. (5/17/00)

Injured worker sought relief pursuant to R.C. 4123.522 because, although he received order, he did not understand contents. Court holds R.C. 4123.522 only applies where the order is not received. Because the injured worker received the order, 4123.522 does not apply.

Vote: 7-0
Opinion by: Per Curiam

Walls, State ex rel. v. Indus. Comm. (10/25/00)

Challenge to 4123.522 order is properly brought in mandamus, not by 4123.512 appeal. Employer does not have to provide individual notification of its representative in each claim; employer can tell Bureau one time who its representative is. Where employer has done so, and employer’s representative did not receive order, employer was entitled to 4123.522 relief.

Vote: 7-0
Opinion by: Per Curiam