Trial Practice Cases: Dismissal (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Dismissal

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.

Allen v. Colfor Mfg., Inc. (6/6/02)

Trial court improperly dismissed workers’ compensation claim with prejudice. Claimant missed scheduled doctor’s appointment, court ordered claimant to attend rescheduled appointment and pay Bureau’s costs but Bureau never rescheduled, demonstrating that no prejudice occurred.

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

Antoun v. The Shelly Co. (6/16/17)

Injured worker cannot unilaterally dismiss complaint in an employer appeal.

Vote: 2-1
Opinion by: Judge DeGenaro
Appellate District:
 7

Arrington v. Daimler Chrysler Co. (12/22/04)

Trial court in asbestos cases gave valid reason for requiring videotaped trial, therefore court properly dismissed case where claimant failed to comply.

Vote: 2-0, 1 concurs in judgment
Opinion by: Judge Batchelder
Appellate District: 9

Johnson v. Cuyahoga County (6/15/17)

Injured worker can unilaterally dismiss complaint in an employer appeal.

Vote: 2-1
Opinion by: Judge Jones, Sr.
Appellate District:
 8

Paul v. I-Force, LLC (6/23/17)

Because savings statute can only be used to once to refile case, employer was entitled to judgment on the pleadings on its R.C. 4123.512 appeal after second dismissal of complaint.

Vote: 3-0
Opinion by: Judge Welbaum
Appellate District:
2

Smith v. Soci Petroleum, Inc. (8/16/17)

Trial court did not err in dismissing pro se injured worker’s claim where he failed to file complaint or take any action to prosecute his case.

Vote: 3-0
Opinion by: Judge Miller
Appellate District: 1

Taylor v. Leader Transp. Sys., Inc. (11/26/04)

Trial court’s decision to dismiss case for claimant’s failure to comply with court order that she appear at medical examination was not in error where claimant had failed to file for protective order.

Vote: 2-1
Opinion by: Judge Rice
Appellate District: 11

Zebrasky v. Discount Drug Mart, Inc. (6/22/17)

Trial court properly dismissed employee’s R.C. 4123.512 appeal upon her death because her claim abated upon her death.

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