Death Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Death: 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.

Ellis v. Buehrer (6/28/17)

Collateral estoppel bars deceased worker’s spouse from establishing that death was caused by effects of work injury when a previous court challenge to the coroner’s death certificate had found otherwise.

Vote: 1-0, 1 concurs in judgment only, 1 concurs separately
Opinion by: Judge Zayas
Appellate District:
1

Lasko v. General Motors Corp. (8/1/03)

Employer cannot relitigate conditions previously allowed in death claim.

Vote: 3-0
Opinion by: Judge Ford
Appellate District: 11

Leto, State ex rel. v. Indus. Comm. (12/11/08)

Where decedent’s workers’ compensation claim had not been allowed at time of death, decedent was not lawfully entitled to benefits, therefore R.C. 4123.60’s one year statute of limitations did not apply because R.C. 4123.60 requires a claim for accrued but unpaid benefits to be filed within one year of death if decedent was lawfully entitled to apply for benefits.

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

Ochs v. Bur. of Workers’ Comp. (5/13/10)

In the absence of dependents with standing to pursue death benefits, no R.C. 4123.512 appeal could be made from denial of death benefits.

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

Ochs, State ex rel. v. Indus. Comm. (7/19/12)

Commission did not improperly deny payments for funeral/medical expenses to estate because of lack of evidence of expenses and lack of evidence that death was related to allowed condition.

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

Sanders, State ex rel. v. Indus. Comm. (11/10/16)

Dismissal of injured worker’s claim on merits in employer’s appeal to court, due to injured worker’s death, precludes award of accrued but unpaid temporary total compensation to surviving spouse because injured worker in such a situation was not entitled to temporary total award.

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

Thompson, State ex rel. v. Ohio Edison Co. (6/6/02)

R.C. 4123.511(J) applies where the worker died after the effective date of the provision and permits recoupment of overpayments in death claims.

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

White v. Conrad (1/5/05)

Where marriage is annulled, it is as if the marriage never existed. Therefore, widow whose death benefits were terminated on her remarriage was entitled to resumption of those benefits when the remarriage was annulled.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9