State ex rel. Village of Oakwood v. Industrial Commission of Ohio

Summary

The Ohio Supreme Court held that, when more than one entity may have an employment relationship with an injured worker, the Industrial Commission may—but need not—apply the Lord/Fisher factors. The court deferred to the Commission’s determination that the Village of Oakwood, rather than Kokosing Construction Company, was the responsible employer for the police officer’s workers’ compensation claim.

Holdings

1. When confronted with two potential employers, the Industrial Commission may, but is not required to, use any of the Lord/Fisher factors that it believes will assist its analysis; it may consider other relevant factors as necessary.
2. The Industrial Commission did not abuse its discretion by finding Oakwood to be the amenable employer.

Questions Presented

1. Whether the Industrial Commission abused its discretion by determining that Oakwood was the amenable employer without expressly applying the three Lord/Fisher factors.
2. Whether, when two entities may have an employment relationship with an injured worker, the Industrial Commission is required to apply the Lord/Fisher factors to determine the responsible employer.

Disposition

affirmed