Continuing Jurisdiction Cases: Mistake of Law (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Continuing Jurisdiction: Mistake of Law

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.

Mackey, State ex rel. v. Ohio Dept. of Edn. (9/29/11)

Commission’s failure to address retirement issue in permanent total order was a clear mistake of law which justified exercise of continuing jurisdiction.

Vote: 7-0
Opinion by: Per Curiam

Sheppard, State ex rel. v. Indus. Comm. (5/7/14)

Staff Hearing Officer’s failure to address issue raised by employer is a “clear mistake of law” which justifies Commission exercise of continuing jurisdiction; once Commission exercises continuing jurisdiction, it has authority to review entire order.

Vote: 6-1
Opinion by: Per Curiam

Stevens, State ex rel. v. Indus. Comm. (4/8/15)

Commission hearings enjoy presumption of regularity which places burden on party challenging exercise of continuing jurisdiction to prove improper exercise of continuing jurisdiction; Hearing officer’s failure to address evidence of voluntary abandonment constituted a mistake of law which justified Commission exercise of continuing jurisdiction.

Vote: 6-0
Opinion by: Per Curiam