Employer Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Employer: 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.

Baltimore Ravens, Inc. v. Self-Insuring Emp. Evaluation Bd. (3/27/02)

Decisions of Self-Insuring Employers Evaluation Board cannot be appealed to court under R.C. 119.12.

Vote: 6-1
Opinion by: Justice Resnick

Cleveland Professional Football, L.L.C., State ex rel. v. Buehrer (8/27/14)

BWC order assigning all of previous employer’s risk experience to new employer did not properly evaluate or analyze whether new owner employed all of the employees employed by previous owner.

Vote: 6-0
Opinion by: Per Curiam

Crosset Co., State ex rel. v. Conrad (1/19/00)

Court holds that a company which buys the assets of a foreclosed company from an intermediary bank is not responsible for the foreclosed company’s workers’ compensation claim costs incurred under a retrospective-rating plan.

Vote: 5-2
Opinion by: Justice Douglas

Daily Servs., LLC v. Morrison (6/6/18)

BWC did not abuse its discretion finding employer which took over business “wholly succeeded” that business even though it did not take over every customer, employer or lease.

Vote: 3-3, 1 concurs in judgment only
Opinion by: Per curiam

Fairfield City Schools, State ex rel. v. Indus. Comm. (5/24/11)

Commission did not abuse its discretion by finding that employer was not entitled to handicap reimbursement because employee’s hypertension did not qualify as a cardiac disease.

Vote: 7-0
Opinion by: Per Curiam

Health Care Facilities, Inc., State ex rel. v. Ohio Bureau of Workers’ Compensation (1/7/98)

Where self-insured employer bought assets of another employer, but was not a succeeding employer and did not merge, the self-insurer was not required to buy-out the other employer from the state insurance fund.

Vote: 7-0
Opinion by: Per Curiam

Oakwood, State ex rel. v. Indus. Comm. (7/18/12)

Commission has discretion to use flexible approach when determining proper employer, based on totality of the circumstances.

Vote: 7-0
Opinion by: Per Curiam

Occidental Chem. Corp., State ex rel. v. Ohio Bur. of Workers’ Comp. (4/11/01)

When an employer switches its status from self-insured to state fund (or from state fund to self-insured), the employer’s status at the time of the injury (or injurious exposure, if occupational disease) determines whether claim is to be paid from state fund or by self-insurer.

Vote: 7-0
Opinion by: Per Curiam

RFFG, L.L.C., State ex rel. v. Ohio Bur. of Workers’ Comp. (11/25/14)

BWC did not abuse its discretion when it determined that company which acquired assets of a business was a “successor in interest” for calculation of workers’ compensation premiums when, at time of transfer, business remained substantially the same as that operated by previous company.

Vote: 7-0
Opinion by: Per Curiam