Continuing Jurisdiction Cases: Newly Discovered Evidence (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Continuing Jurisdiction: Newly Discovered Evidence

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.

Washington, State ex rel. v. Indus. Comm. (12/6/05)

Where evidence could have been presented at previous hearings on issue of average weekly wage, Commission did not abuse its discretion by refusing to exercise continuing jurisdiction to reset average weekly wage.

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

Woodline Products, Inc. v. Dyson (12/3/02)

Employer could have discovered medical records during initial allowance of claim, if it had exercised due diligence. Therefore, later discovery of medical records indicating possibility that use of alcohol had been involved in accident does not justify use of continuing jurisdiction to reconsider allowance.

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