Continuing Jurisdiction Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Continuing Jurisdiction: Miscellaneous

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.

Cleveland Browns Football Co. LLC, State ex rel. v. Indus. Comm. (3/9/17)

When football team paid salary to injured player who could not play in games, salary constituted “wages in lieu of [temporary total] compensation” which made the claim  a lost time claim subject to the ten year statute of limitations provdided for by former R.C. 4123.52.

Vote: 3-0
Opinion by: Judge Brunner
Appellate District:
 10

Cocherl v. Ohio Dept. of Transp. (6/26/07)

The calculation of continuing jurisdiction runs from the date the BWC issues a check, not from the date the check was received.

Vote: 2-1
Opinion by: Judge McGrath
Appellate District: 10

Copeland v. Bur. of Workers’ Comp. (2/22/11)

Filing C-9 before claim expired tolled statute of limitations and permitted consideration of C-86 filed to gain authorization of C-9 which was fired after claim would have expired.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

Druck v. Dynalectric Co. (7/11/03)

When injured worker filed motion to reconsider claim after BWC denied initial claim due to lack of medical evidence, proper issue was whether or not Industrial Commission had continuing jurisdiction over claim — not whether res judicata applied.

Vote: 3-0
Opinion by: Judge Brogan
Appellate District: 2

McNea, State ex rel. v. Indus. Comm. (9/7/09)

Commission interlocutory order which set forth SHO’s failure to address issue raised by motion properly identified mistake of fact and law and justified exercise of continuing jurisdiction.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Perez v. Univ. Hosp. Health Sys. (12/13/12)

An employer’s mistaken payment of benefits in an injured worker’s first claim which were later properly transferred to a different claim do not extend the time the first claim remains alive.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District: 8

Rampe, State ex rel. v. Indus. Comm. (9/5/02)

Payment of medical bills by BWC kept claim alive, permitting Commission to find overpayment.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Romans, State ex rel. v. The Elder Beerman Stores Corp. (12/10/02)

Order which only indicated that Commission had lost continuing jurisdiction to grant further compensation, but did not extinguish right to future medical payments, did not extinguish claim and was challengable in mandamus, rather than through appeal. Statute of limitations is procedural issue, therefore limitations provision as amended in 1993 applied even though worker had been injured in 1991.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Brown
Appellate District: 10

Sutphin v. Lamson & Sessions Co. (4/23/09)

Industrial Commission has jurisdiction to consisder additional allowance under R.C. 4123.52 even though claim should have expired where award was made and paid by self-insurer after time claim should have expired, and the period of continuing jurisdiction from that award had not expired.

Vote: 3-0
Opinion by: Judge Sweeney
Appellate District: 8

Williams v. Bur. of Workers’ Comp. (5/5/14)

When only medical benefits had been paid in claim, and no medical benefits had been paid since 2000, and employer filed motion in 2011 seeking Commission order finding claim expired, trial court properly found on appeal from Commission order that claim had expired.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12