Afrates v. City of Lorain

584 N.E.2d 1175, 63 Ohio St. 3d 22, 1992 Ohio LEXIS 223
CourtOhio Supreme Court
DecidedFebruary 19, 1992
DocketNo. 90-2328
StatusPublished
Cited by111 cases

This text of 584 N.E.2d 1175 (Afrates v. City of Lorain) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Afrates v. City of Lorain, 584 N.E.2d 1175, 63 Ohio St. 3d 22, 1992 Ohio LEXIS 223 (Ohio 1992).

Opinions

Douglas, J.

The question we are asked to decide is whether the commission’s May 5, 1988 decision, finding that the city did not receive, as required by R.C. 4123.522, notice of the administrator’s April 1987 order, is appealable under the provisions of R.C. 4123.519. For the reasons that follow, we hold that the May 5, 1988 decision of the commission was not appealable pursuant to the terms of R.C. 4123.519 and, accordingly, reverse the judgment of the court of appeals.

In part, R.C. 4123.519 (now renumbered 4123.519[A]) provided:

“The claimant or the employer may appeal a decision of the industrial commission or of its staff hearing officer made pursuant to division (B)(6) of section 4121.35 of the Revised Code in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common pleas * *

Afrates takes a very far-reaching view of R.C. 4123.519. Afrates contends that except for a decision concerning an “extent of disability” question, all decisions of the commission, including decisions made pursuant to the terms of R.C. 4123.522, are appealable to the common pleas court. In support of his position, Afrates relies primarily on State, ex rel. O.M. Scott & Sons Co., v. Indus. Comm. (1986), 28 Ohio St.3d 341, 28 OBR 406, 503 N.E.2d 1032, and [25]*25Seabloom Roofing & Sheet Metal Co. v. Mayfield (1988), 35 Ohio St.3d 108, 519 N.E.2d 358.

In Seabloom, a district hearing officer allowed the claimant’s application for compensation for injuries he sustained while working on a reroofing project contracted by Seabloom Roofing & Sheet Metal Company. The company filed a motion with the commission, pursuant to R.C. 4123.522, to vacate the order on the basis that the company had not received notice of the allowance of claimant’s application. While the company’s motion was pending, the claimant took his own life. Ultimately, the commission denied the company’s motion on the basis that the claimant’s death abated the claim. The company sought review of the entire decision of the commission by filing an R.C. 4123.519 appeal.

On appeal to this court, the administrator argued, inter alia, that the commission’s decision denying a motion for relief under R.C. 4123.522 was not a decision involving the right of the claimant to participate in the fund and, therefore, was not appealable through an R.C. 4123.519 appeal. In rejecting the administrator’s argument, we adopted language from O.M. Scott & Sons, supra, that:

“ ‘ * * * [A]ny order of the commission may be appealed to the court of common pleas by either party unless the order pertains to the extent of disability. * * *

(t ( * * *

“ ‘ * * * Obviously, the order sub judice does not go to the claimant’s right to participate. This does not mean, however, that the order is not appealable to the common pleas court. A decision in an injury or occupational disease case which does not involve the right to participate is nevertheless appealable as long as it does not involve the extent of disability. * * (Emphasis sic.) Id., 35 Ohio St.3d at 110-111, 519 N.E.2d at 360-361.

Without question, language set forth in O.M. Scott & Sons, supra, and later adopted in Seabloom significantly broadened the scope of R.C. 4123.519. Prior to O.M. Scott & Sons, this court interpreted R.C. 4123.519 as permitting R.C. 4123.519 appeals only where the issue was a claimant’s right to participate in the State Insurance Fund. See Reeves v. Flowers (1971), 27 Ohio St.2d 40, 56 O.O.2d 22, 271 N.E.2d 769; Smith v. Krouse (1978), 54 Ohio St.2d 369, 8 O.O.3d 387, 377 N.E.2d 493; and Zavatsky v. Stringer (1978), 56 Ohio St.2d 386, 10 O.O.3d 503, 384 N.E.2d 693. We now determine that the standard announced in O.M. Scott & Sons and followed in Seabloom and their [26]*26progeny,1 interpreting R.C. 4123.519, is too broad. We find that Reeves, Smith and Zavatsky properly construed R.C. 4123.519.

The purpose of R.C. 4123.519 is clear. The statute provides, in six separate places, that the issue presented by an R.C. 4123.519 appeal is the claimant’s right to participate or continue to participate in the fund. For instance, the statute provides that it is the claimant who is required to file a petition “ * * * showing a cause of action to participate or to continue to participate in the fund. * * * ” There may be times when a dispute does not involve a claimant but, rather, the dispute lies between an employer and the commission. Such a situation may arise in a handicap reimbursement case2 or when the issue is whether the costs of the claim should be charged to the state fund or to the self-insured employer.3 It would make little sense for the claimant, who is not a party to the action and who may be receiving benefits, to file a petition. Further, R.C. 4123.519 provides that the court, or the jury if demanded, “ * * * shall determine the right of the claimant to participate in the fund upon the evidence adduced at the hearing of such action.” (Emphasis added.) R.C. 4123.519 appeals are subject to de novo review. State, ex rel. Mitchell, v. Robbins & Myers, Inc. (1983), 6 Ohio St.3d 481, 484, 6 OBR 531, 534, 453 N.E.2d 721, 724. The General Assembly could not possibly have intended that each and every decision of the commission be the subject of a de novo review. Requiring a de novo factual review of all decisions would only prolong a determination as to whether the claimant is entitled to participate or continue to participate in the fund.

Accordingly, we hold that a (final) decision of the Industrial Commission involving a claimant’s right to participate or to continue to participate in the State Insurance Fund must, if review is sought, be appealed pursuant to the terms of R.C. 4123.519. The only decisions reviewable pursuant to R.C. 4123.519 are those decisions involving a claimant’s right to participate or to continue to participate in the fund.

Keeping in mind the foregoing, we turn our attention to former R.C. 4123.522 and the commission’s May 5, 1988 decision. R.C. 4123.522 provided, in part, that:

[27]*27“The employee, employer and their respective representatives shall be entitled to written notice of any hearing, determination, order, award or decision under the provisions of Chapter 4123. of the Revised Code.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. McCormack v. Ashtabula Cty. Med. Ctr.
2025 Ohio 5151 (Ohio Court of Appeals, 2025)
Kirksey v. Cornerstone Innovations, Inc.
2025 Ohio 2681 (Ohio Court of Appeals, 2025)
State ex rel. Ottinger v. B&B Wrecking & Excavating, Inc.
2024 Ohio 1656 (Ohio Supreme Court, 2024)
State ex rel. Tchankpa v. Indus. Comm.
2024 Ohio 93 (Ohio Court of Appeals, 2024)
Pulaski v. Bur. of Workers' Comp.
2022 Ohio 1344 (Ohio Court of Appeals, 2022)
Clendenin v. Girl Scouts of W. Ohio (Slip Opinion)
2017 Ohio 2830 (Ohio Supreme Court, 2017)
State ex rel. Belle Tire Distribs, Inc. v. Indus. Comm.
2016 Ohio 7869 (Ohio Court of Appeals, 2016)
State ex rel. Cuckler v. Indus. Comm.
2015 Ohio 5081 (Ohio Court of Appeals, 2015)
Ferrari v. Jamestown Transp.
2013 Ohio 5233 (Ohio Court of Appeals, 2013)
Ferrari v. Top Flight Driver Leasing, L.L.C.
2013 Ohio 5232 (Ohio Court of Appeals, 2013)
Siembieda v. Coastal Pet Prods., Inc.
2013 Ohio 1629 (Ohio Court of Appeals, 2013)
Bennett v. Admr., Ohio Bureau of Workers' Compensation
2012 Ohio 5639 (Ohio Supreme Court, 2012)
Soloman v. Dayton Window & Door Co., L.L.C.
2011 Ohio 6182 (Ohio Court of Appeals, 2011)
Ortiz v. Gs Metal Prods. Co., 91811 (4-16-2009)
2009 Ohio 1781 (Ohio Court of Appeals, 2009)
State Ex Rel. Leto v. Industrial Commission
903 N.E.2d 1262 (Ohio Court of Appeals, 2008)
Benton v. Hamilton Cty. Edu. Serv. Ctr., C-070223 (8-22-2008)
2008 Ohio 4272 (Ohio Court of Appeals, 2008)
Kuhn v. Schmidt Bros., L-07-1235 (3-31-2008)
2008 Ohio 1567 (Ohio Court of Appeals, 2008)
Wean v. Mabe, 2006-T-0064 (4-16-2007)
2007 Ohio 1775 (Ohio Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 1175, 63 Ohio St. 3d 22, 1992 Ohio LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afrates-v-city-of-lorain-ohio-1992.