Trial Practice Cases: Notice of Appeal / Complaint — Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Notice of Appeal / Complaint — 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.

Franklin v. DaimlerChrysler Corp. (10/27/06)

Court improperly dismissed workers’ compensation case in employer’s appeal where claimant was unrepresented and was not provided with sufficient notice that failure to file a complaint would result in the dismissal of his claim.

Vote: 2-1
Opinion by: Judge Singer
Appellate District: 6

Hazuka v. Ford Motor Co. (1/21/03)

R.C. 4123.512 requires claimants to file individual appeals. Multiple claimants cannot file combined notice of appeal against employer.

Vote: 2-1
Opinion by: Judge Wise
Appellate District: 5

Helton v. Admr., Bur. of Workers’ Comp. (9/1/15)

An injured worker filing an R.C. 4123.512 appeal from an Industrial Commission decision must file both a notice of appeal and a petition for the trial court to obtain jurisdiction over the appeal.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

Klamfoth v. Advanced Founds. Solutions (9/3/09)

Where employer was dismissed as party because complaint was not properly served upon it, employer is entitled to dismissal of appeal because it is a necessary party under R.C. 4123.512.

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

Klepinger v. Alterra Healthcare Corp. (7/27/07)

Claimant who failed to timely file complaint in response to employer’s 4123.512 appeal must be given chance to respond before court grants judgment for employer.

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

Leibas v. USX Corp. (3/27/03)

Multiple claimants can file single notice of appeal against employer, as long as notice of appeal meets requirements of R.C. 4123.512. Trial court can determine whether claims should remain joined or should be severed.

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

Spencer v. FHI, L.L.C. (10/29/10)

Failure to serve Administrator with notice of appeal was not jurisdictional and trial court improperly dismissed case and denied motion to amend complaint to add Administrator as party.

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

Wilkerson v. Internatl Truck & Engine Corp. (2/27/09)

Unrepresented injured worker was not put on notice by employer’s notice of appeal that she was required to do anything and therefore trial court erred in dismissing her claim for failure to timely file complaint.

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

Wright v. Miami Valley Hosp. (9/27/13)

Same document cannot be both notice of appeal and complaint.

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