Continuing Jurisdiction Cases: No Basis (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Continuing Jurisdiction: No Basis

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.

Caudill, State ex rel. v. Indus. Comm. (5/21/02)

Commission cannot hold hearing to determine whether to exercise continuing jurisdiction over permanent total decision where order setting hearing does not identify possible basis for exercise of continuing jurisdiction.

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

Hayes Lemmerz Internatl. Commercial Hwy., Inc., State ex rel. v. Indus. Comm. (5/5/11)

Commission order improperly cited a non-existent mistake of fact as the basis for exercise of continuing jurisdiction; therefore subsequent orders are invalid and initial order is reinstated.

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

Knapp, State ex rel. v. Indus. Comm. (3/10/11)

Party seeking exercise of continuing jurisdiction must actually demonstrate new and changed circumstances.

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

Wells, State ex rel. v. Indus. Comm. (6/1/06)

Commission improperly exercised continuing jurisdiction in matter appealable under R.C. 4123.512 where it based grant of continuing jurisdiction on failure of SHO order to comply with Noll requirements.

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