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

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Fowee v. Wesley Hall, Inc. (4/19/06)

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: 5-0, 2 concur in judgment only
Opinion by: Per Curiam

Ferguson v. State (9/28/17)

Provision of R.C. 4123.512(D) barring injured worker from unilaterally dismissing complaint in employer appeal is not unconstitutional.

Vote: 5-0, 2 concur in judgment only
Opinion by: DeWine

Kaiser v. Ameritemps, Inc. (2/10/99)

An injured worker can voluntarily dismiss a complaint, as provided for by Ohio Civil Rule 41(A)(1)(a), even if the case involves an employer’s appeal from an Industrial Commission decision allowing a claim.

Vote: 4-3
Opinion by: Justice Sweeney

Robinson v. B.O.C. Group, Gen. Motors Corp. (4/8/98)

Injured worker can dismiss complaint (pursuant to Civil Rule 41(A)(2)) in case arising from employer’s filing of notice of appeal under R.C. 4123.512.

Vote: 5-2
Opinion by: Justice Resnick

Thorton v. Montville Plastics & Rubber, Inc. (2/5/09)

Provisions of 2006 amendments applying to injured worker’s ability to dismiss employer appeal apply prospectively, not retroactively; effective date of 2006 amendments was August 25, 2006.

Vote: 5-2
Opinion by: O’Connor