Trial Practice Cases: Jurisdiction — Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Jurisdiction — 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.

Alhamarshah v. Salem (11/8/16)

Trial court can consider whether administrative appeal was validly filed as part of an R.C. 4123.512 appeal; however, injured worker failed to properly raise issue since notice of appeal and complaint filed in Common Pleas Court failed to reference Commission’s order granting administrative appeal.

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

Battin v. Conrad (6/3/05)

Administrative decision that overpayment existed because payment had been based on wrong year’s rate could not be appealed under R.C. 4123.512.

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

Brown v. Liebert Corp. (2/24/04)

Trial court lacked jurisdiction where injured worker seeking to appeal Commission denial of claim filed a complaint, but no notice of appeal.

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

Carter v. Yellow Freight Sys., Inc. (11/26/02)

Decision to allow additional condition is appealable to common pleas court under R.C. 4123.512.

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

Coffey v. Dolgencorp, Inc. (5/14/07)

When a trial court determines it lacks jurisdiction over a claim for aggravation of an injury because the aggravation claim was never presented administratively, the employer is not entitled to an order barring the injured worker from filing a claim for aggravation because the trial court lacked jurisdiction over the aggravation claim.

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

Cremeans v. Contact Industries, Inc. (12/10/12)

Court lacked jurisdiction over R.C. 4123.512 appeal where claimant did not file timely appeal from BWC denial order.

Vote: 3-0
Opinion by: Judge Gwin
Appellate District: 5

Daniel v. Williams (4/21/11)

Failure to timely appeal administrator’s decision denying claim denied court jurisdiction to hear R.C. 4123.512 appeal.

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

Davidson v. Ohio Bur. of Workers’ Comp. (2/23/07)

Trial court did not have jurisdiction over claim for aggravation of lumbar sprain where that condition was not raised administratively even though claimant had filed motion seeking allowance of lumbar sprain.

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

Day v. Noah’s Ark Learning Ctr. (8/16/02)

Where no notice of appeal had been filed by claimant, court lacked jurisdiction to consider claim. Petition filed by claimant which did not indicate that claimant was attempting to appeal Commission order, or purport in any other way to be a notice of appeal did not satisfy statutory requirement of filing notice of appeal.

Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5

Dewalt v. Tuscarawas Cty. Health Dept. (5/20/09)

Trial court had jurisdiction to determine claim for occupational asthma as injury, when claim was determined administratively as an injury.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

Draper v. North American Science Associates, Inc. (5/12/17)

Trial court lacks jurisdiction over appeal from Commission order refusing to exercise continuing jurisdiction to modify previous order denying claim.

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

Estate of Jenkins v. Admr., B.W.C. (6/27/02)

Common Pleas Court has jurisdiction over BWC only on appeals from Industrial Commission orders. Trial court does not have jurisdiction over claim against BWC seeking enforcement of settlement agreement or monetary damages.

Vote: 3-0
Opinion by: Judge O’Donnell
Appellate District: 8

George v. Ohio Bur. of Workers’ Comp. (11/2/09)

Trial court did not have jurisdiction over R.C. 4123.512 appeal from Commission’s refusal to vacate settlement.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

Hapgood v. Conrad (6/28/02)

Collateral estoppel does not bar workers’ compensation claim of worker whose termination for filing fraudulent workers’ compensation claim had been upheld by arbitrator. Issue before arbitrator was not right to participate and worker can present evidence not before arbitrator.

Vote: 2-1 (1 concurs in judgment only)
Opinion by: Judge O’Neill
Appellate District: 11

Jones v. Smith Transport (2/14/12)

Trial court lacks jurisdiction to consider which entity employed an injured worker on an R.C. 4123.512 appeal because the only issue before the court is the injured worker’s right to participate.

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

Lane v. Bur. of Workers’ Comp (1/20/12)

Where Commission exercised continuing jurisdiction to vacate self-insurer’s allowance based on newly discovered evidence, issue before trial court on appeal was only allowance of claim, not whether Commission properly exercised continuing jurisdiction.

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

Leiter v. Pentair Pump Group, Inc. (5/27/09)

Trial court had jurisdiction under R.C. 4123.512 appeal to determine whether workers’ compensation claim was timely filed.

Vote: 3-0
Opinion by: Judge Delaney
Appellate District: 5

McCloud v. Duffy (9/13/18)

Trial court lacks jurisdiction over claim that denial of workers’ compensation benefits occurred due to fraud when the requirements of R.C. 4123.512 had not been followed.

Vote: 3-0
Opinion by: Bartlett
Appellate District:
 7

Plaster v. Elbeco Inc. (10/22/07)

Trial court did not err when it permitted injured worker to pursue claim for aggravation of a condition when the allowance of the condition (but not the aggravation) had been pursued administratively.

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

Ramey v. Quality Mold, Inc. (5/6/05)

Under R.C. 4123.512, common pleas court in county where injury occurred has jurisdiction to hear appeal and time limits in civil rules which apply to objects to venue do not apply when a workers’ compensation appeal is filed in the wrong county.

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

Siembieda v. Coastal Pet Prods., Inc. (4/22/13)

Commission order which exercises continuing jurisdiction to vacate the denial of a claim and finds claim “neither allowed, nor disallowed” does not involve the right to participate and court lacks jurisdiction over employer’s R.C. 4123.512 appeal.

Vote: 3-0
Opinion by: Judge Gwin
Appellate District: 5

Smith v. Continental Airlines, Inc. (8/15/02)

On employer appeal from Industrial Commission decision to allow claim, employer entitled to judgment on the pleadings where employee failed to timely refile complaint, which he had voluntarily dismissed.

Vote: 3-0
Opinion by: Judge O’Donnell
Appellate District: 8

Wean v. Mabe (4/13/07)

Trial court lacks jurisdiction over employer’s R.C. 4123.512 appeal when the order the employer is trying to appeal does not grant an employee the right to participate in the workers’ compensation fund.

Vote: 2-1
Opinion by: Judge O’Neill
Appellate District: 11

Wise v. Urban Industries of Ohio, Inc. (5/10/04)

Industrial Commission’s decision not to vacate settlement agreement does not involve the right to participate and cannot be appealed under R.C. 4123.512.

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

Young v. Craig Transp. Co. (3/31/16)

Whether injured worker had waived right to file claim in Ohio does not involve right to participate and cannot be challenged through R.C. 4123.512 appeal.

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