Trial Practice Cases: Jurisdiction — Extent of Disability (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Jurisdiction — Extent of Disability

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.

Baker v. Forester Nursing Home, Inc. (7/8/03)

Common Pleas Court lacks jurisdiction over R.C. 4123.512 appeal (and declaratory judgment action) filed by employer to challenge Commission order refusing to terminate temporary total. Proper remedy to challenge such a decision is mandamus.

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

Brown v. Bur. of Workers’ Comp. (7/28/11)

Denial of medical treatment cannot be appealed to court under R.C. 4123.512.

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

Cafeo v. Internat’l Truck & Engine Corp. (9/12/03)

Commission decision to deny temporary total cannot be challenged by R.C. 4123.512 appeal.

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

Ellis v. Rubbermaid, Inc. (9/24/03)

Where claimant filed R.C. 4123.512 appeal from denial of claim for “torn medial meniscus”, Court lacked jurisdiction over whether or not she had suffered “fracture of medial femral condyle” because the issue of whether a different injury was suffered is one of extent of disability, which is not appealable.

Vote: 2-1
Opinion by: Judge Baird
Appellate District: 9

Franks v. Chas F. Mann Painting Co. (1/29/10)

Denial of temporary total which results in denial of right to continue to participate in a claim can be appealed under R.C. 41231.512.

Vote: 3-0
Opinion by: Judge Singer
Appellate District: 6

Gilbrath v. Autozone, Inc. (5/27/14)

Order which only refuses benefits for specified period of time, and leaves open the possibility for the injured worker to seek future benefits does not terminate the claim and cannot be appealed under R.C. 4213.512.

Vote: 2-0, 1 concurs in judgement only
Opinion by: Judge Abele

Appellate District:

Hulbert v. Buehrer (3/9/17)

Trial court lacked jurisdiction to hear R.C. 4123.512 appeal from Commission decision seeking modification of order setting hourly rate of pay for LPN caregiver.

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

Kuhn v. Schmidt Bros., Inc. (3/31/08)

Common Pleas Court lacks jurisdiction over R.C. 4123.512 appeal from denial of temporary total compensation.

Vote: 3-0
Opinion by: Judge Osowik
Appellate District: 6

Levchak v. Am. Spring Wire Corp. (1/30/03)

Decision about whether to authorize additional dental treatment in claim which had previously been allowed for loss of teeth was not appealable under R.C. 4123.512, because issue was extent of disability, not right to participate.

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

McKenzie v. Meijer, Inc. (4/24/17)

Trial court lacks jurisdiction over attempted R.C. 4123.512 appeal involving denial of chiropractic services which did not result in termination of right to participate.

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

Plashek v. Ryan (11/13/08)

Commission’s decision to deny medical treatment can not be appealed under R.C. 4123.512 because it does not deny the right to continue to participate, but involves extent of disability.

Vote: 3-0
Opinion by: Judge Abele
Appellate District: 4