Trial Practice Cases: Remand to Industrial Commission (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Remand to Industrial Commission

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.

Broyles v. Conrad (5/6/05)

Trial court cannot remand case to Industrial Commission for further proceedings, but must make a determination on the merits of the claim.

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

Hand v. Ohio Bur. of Workers’ Comp. (3/28/03)

Trial court has jurisdiction to remand case to Industrial Commission to clarify whether or not decision involves right to participate or extent of disability, so that trial court can determine whether it has jurisdiction under R.C. 4123.512.

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

Maloney v. Conrad (12/5/03)

Where it is unclear whether the Commission has terminated a claim due to an intervening injury (which involves the right to participate and can be appealed under R.C. 4123.512) or has found that treatment sought is unrelated to the claim (which involves extent of disability and cannot be appealed), order is remanded to Commission for clarification.

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