Trial Practice Cases: Jurisdiction — Termination of Claim (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Jurisdiction — Termination of Claim

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.

Benton v. Hamilton Cty. Educational Serv. Ctr. (8/22/08)

Trial court has jurisdiction to hear R.C. 4123.512 appeal from an Industrial Commission decision not to terminate a claim based on the employer’s allegation of fraud.

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

Clendenin v. Girl Scouts of W. Ohio (10/30/15)

Injured worker can pursue R.C. 4123.512 appeal from Commission order which terminated the right to participate for substantial aggravation of a pre-existing condition because that condition had abated even though she remained eligible to participate for other injuries arising from the accident.

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

Eakins v. Conrad (10/18/02)

Order denying award for loss of use because loss of use was self-inflicted did not terminate claim. Therefore, order could not be challenged by R.C. 4123.512 appeal.

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

Ortiz v. G&S Metal Prods. Co. (4/16/09)

Decision denying treatment which effectively bars further participation in the workers’ compensation fund due to effect of intervening injury can be appealed pursuant to R.C. 4123.512.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Celebrezze
Appellate District: 8


White v. Tomkins Industries Inc.
(12/27/16)

Because decision denying treatment request due to intervening injury did not terminate claim it could not be appealed to court under R.C. 4123.512.

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