Summary
The Ohio Supreme Court held that an Industrial Commission order finding a claimant permanently and totally disabled but not due to a previously allowed injury was not appealable under Ohio Revised Code § 4123.519. Because the claimant's right to participate in the workers' compensation fund had already been established, the order concerned only the extent of disability rather than an absolute denial of the underlying claim.
Topics
Practice areas
Questions Presented
- Whether an Industrial Commission order finding a claimant permanently and totally disabled but not as a result of the prior allowed injury is an appealable order under R.C. 4123.519.
Holdings
- An Industrial Commission order finding a claimant permanently and totally disabled but determining that the disability was not due to the prior allowed injury is not appealable under R.C. 4123.519 when the claimant's right to participate in the Workers' Compensation Fund has already been established and the order concerns only the extent of continued participation.
Key quotations
“Thus, the order of the commission is not appealable to the Court of Common Pleas under R. C. 4123.519.” (54 Ohio St. 2d at 371)
Factual background
The Industrial Commission found appellant permanently and totally disabled, but determined that the disability was not caused by the prior injury allowed under the workers' compensation claim. Appellant's right to participate in the Workers' Compensation Fund had already been established. The dispute therefore concerned the extent to which appellant could continue participating in the fund under the allowed claim.
Procedural history
The Industrial Commission found appellant permanently and totally disabled but determined that the disability was not due to the prior allowed injury. The Court of Appeals concluded that the order was not appealable to the court of common pleas under R.C. 4123.519. The Supreme Court of Ohio affirmed.