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

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Notice of Appeal / Complaint — Voluntary 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.

Bingham v. Evenflo Co., Inc. (5/21/10)

Where employer filed notice of appeal and did nothing to induce dismissal of complaint, injured worker had obligation to re-file complaint within one year of dismissal and failure to do so resulted in judgment for the employer.

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

Dillard v. Automation Tool & Die, Inc. (2/16/16)

Injured worker has no right under Civil Rule 41(A)(1)(a) to unilaterally dismiss an employer’s R.C. 4123.512 appeal to court.

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

Dobransky v. Cleveland Metro. Park Sys. (1/31/13)

Trial court should have granted employer’s motion to dismiss filed when claimant failed to refile complaint within a year of voluntary dismissal.

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

Donini v. Manor Care, Inc. (4/21/14)

On employer appeal from Industrial Commission decision to allow claim, employer entitled to judgment where employee failed to timely refile complaint after she and the employer stipulated to a voluntarily dismissal without prejudice.

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

Feckner v. Donley’s Inc. (10/4/07)

Where employer and claimant jointly agreed to voluntarily dismiss case in employer appeal, employer could not later claim entitlement to judgment on pleadings based on claimant’s failure to refile complaint because joint dismissal also operated to dismiss notice of appeal.

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

Ferguson v. State (10/29/15)

Provision of R.C. 4123.512 which prohibits an injured worker plaintiff from unilaterally dismissing their complaint seeking the right to participate in the workers’ compensation fund when the case arises from an employer appeal is unconstitutional because it violates the separation of powers, equal protection and due process.

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

Fowee v. Wesley Hall, Inc. (12/23/04)

Savings statute does not apply to workers’ compensation cases where the appeal is initiated by the employer.

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

Gambrel v. C.J. Mahan Constr. Co. (6/30/08)

Employer entitled to judgment on the pleadings when claimant fails to refile complaint within one year of voluntary dismissal in case where employer filed appeal from administrative decision.

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

Gonzales v. Alcon Industries, Inc. (6/4/09)

When injured worker dismissed complaint in employer appeal and did not refile complaint, employer’s motion for dismissal cannot be granted when injured worker claims that reason for failure to refile was oral agreement with employer that case would be dismissed because employer was not interested in pursuing appeal.

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

Goodwin v. Better Break Parts, Inc. (9/27/04)

Claimant’s failure to refile complaint within one year of voluntary dismissal results in decision for employer due to claimant’s failure to prosecute the claim.

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

Hall-Davis v. Honeywell, Inc. (2/6/09)

When injured worker voluntarily dismissed two claims which had been consolidated, refiling complaint only in the consolidated case results in dismissal of the other claim for failure to timely refile.

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

Hughes v. Fed. Mogul Ignition Co. (4/26/07)

Trial court properly granted judgement to employer when injured worker failed to re-file complaint within one year of Rule 41(A) dismissal as required by savings statute.

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

Keller v. Johns Manville (7/31/09)

Date of injury for an additional condition is the date the initial injury occurred; therefore, provisions of 2006 workers’ compensation amendments preventing injured worker’s unilateral dismissal of employer’s appeal do not apply to case where initial injury occurred before the effective date of the 2006 amendments even though the motion to allow the additional condition was filed after the effective date.

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

Landon v. Advance Stores Co., Inc. (6/9/08)

Employer entitled to judgment on the pleadings when claimant fails to refile complaint within one year of voluntary dismissal in case where employer filed appeal from administrative decision.

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

Marrero v. Blaze Constr. (3/5/09)

August 25, 2006 is the effective date of those portions of the 2006 workers’ compensation amendments which were challenged by referendum; therefore, injured worker cannot unilaterally dismiss employer’s appeal in claim where injury occurred on August 30, 2006.

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

Pinkston v. Daimler Chrysler Corp. (9/28/07)

Savings statute requires filing of new action; therefore, when case had been voluntarily dismissed, filing new complaint with the old case number did not satisfy the requirements of the savings statute.

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

Robinson v. Kokosing Constr. Co., Inc. (3/30/06)

Savings statute requires complaint to be refiled within one year of dismissal where employee has dismissed complaint in an employer appeal to court under R.C. 4123.512.

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

Rohloff v. FedEx Ground (12/7/07)

Amendments to R.C. 4123.512 affecting claimant’s ability to voluntarily dismiss complaint in employer’s appeal apply prospectively.

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

Thorton v. Montville Plastics & Rubber, Inc. (12/28/07)

Appellate court lacks jurisdiction to hear appeal from trial court’s decision on motion for relief from judgment filed to contest a voluntary dismissal because the voluntary dismissal deprived the trial court of jurisdiction over the case.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Rice
Appellate District: 11

Yates v. G&J Pepsi-Cola Bottlers, Inc. (3/31/16)

Dismissal of complaint did not deprive trial court of jurisdiction over appeal, and injured worker could refile complaint within one year provided by savings statute.

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