Injury Cases: Time Limits (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Time Limits

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.

Brink v. Olson Cold Storage, Ltd. (4/14/08)

The R.C. 4123.84 (injury) statute of limitations applies to a gradually developing injury; the R.C. 4123.85 (occupational disease) statute of limitations does not apply when there is a gradually developing injury.

Vote: 3-0
Opinion by: Judge Preston
Appellate District: 3

Dixon v. Conrad (12/21/05)

Evidence indicated that claimant had provided timely notice of body part allegedly injured, therefore claim could not be dismissed for failure to comply with statute of limitations.

Vote: 3-0
Opinion by: Judge Waite
Appellate District: 7

Gordon v. Marco’s Pizza, Inc. (12/29/06)

Claim filed three years after injury was not timely filed; exception to statute of limitations for failure of employer to notify BWC of claim when it has knowledge of injury which causes seven or more days of total disability does not apply because there is no evidence that employer had knowledge of injury, or that employer knew that days of disability were related to the injury.

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

Headings v. Ranco, Inc. (3/14/05)

Filing accident form with self-insured employer (as opposed to an FROI form) does not create duty on self-insurer to report injury to BWC; nor is self-insurer required to report injury to BWC if it does not result in at least 7 days of total disability.

Vote: 3-0
Opinion by: Judge Rogers
Appellate District: 3

Hutchins v. FedEx Ground Package Sys., Inc. (12/30/05)

Attempt to refile workers’ compensation claim four years after injury was barred by the two year statute of limitations.

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

Zestos v. Powertrain Div., Gen. Motors Corp. (9/27/02)

Trial court improperly granted summary judgment based on failure to timely file claim. Evidence that worker had been treated by plant physician within time limit was sufficient to toll statute of limitations; so was evidence that worker may have had gradually developing injury which developed later than when worker felt initial pain.

Vote: 2-1
Opinion by: Judge Shaw
Appellate District: 3