Alcorn v. Spalding & Evenflo Corp.

607 N.E.2d 904, 79 Ohio App. 3d 561, 1992 Ohio App. LEXIS 2455
CourtOhio Court of Appeals
DecidedMay 15, 1992
DocketNo. 91-CA-51.
StatusPublished
Cited by5 cases

This text of 607 N.E.2d 904 (Alcorn v. Spalding & Evenflo Corp.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alcorn v. Spalding & Evenflo Corp., 607 N.E.2d 904, 79 Ohio App. 3d 561, 1992 Ohio App. LEXIS 2455 (Ohio Ct. App. 1992).

Opinion

Grady, Judge

I

On June 1, 1983, appellee Allie S. Alcorn injured her back in the course of her employment with appellant Spalding & Evenflo Corporation. She filed a claim with the Bureau of Workers’ Compensation and was allowed to participate in the Workers’ Compensation Fund for an “acute traumatic strain/ *564 sprain of the cervical and upper thoracic spine, myofascitis, left brachial syndrome.”

On September 14, 1989, Alcorn requested an additional allowance from the same injury for a “herniated cervical disc.” She also requested temporary total disability benefits beginning on February 22, 1988 and payment of related medical bills.

Alcorn’s claim for an additional condition was referred for hearing by a district hearing officer. The district hearing officer, by decision filed October 11, 1989, allowed the additional condition and found that Alcorn was temporarily totally disabled by reason of the condition from February 22, 1988 through March 1, 1989. He ordered payment of benefits for that term, to continue upon submission of proper medical proof.

Spalding appealed the decision of the district hearing officer. The decision was reviewed by the Dayton Regional Board of Review, which agreed with the district hearing officer that Alcorn was totally disabled as a result of the condition. However, the board found that the disability was permanent, not temporary as the district hearing officer had found. The board therefore modified the order of the district hearing officer to provide that Alcorn’s condition would be one of permanent disability on June 6, 1990.

Alcorn appealed to the Industrial Commission. Spalding did not appeal. The Industrial Commission vacated the order of the regional board of review and reinstated the order of the district hearing officer.

Spalding appealed to the court of common pleas pursuant to R.C. 4123.519. As required by the statute, Alcorn filed a complaint and jurisdictional statement, but argued that the court lacked jurisdiction under the rule of Lamb v. Sugar Creek Packing Co. (Feb. 7, 1983), Montgomery App. No. 7924, unreported, to hear Spalding’s appeal because Spalding’s failure to appeal to the Industrial Commission from the regional board of review constituted an abandonment of its right to appeal and/or á failure to protect the right. The common pleas court agreed and dismissed Spalding’s appeal.

Spalding has filed a timely notice of appeal from the order of the common pleas court.

II

Appellant’s assignments of error will be considered together. They state:

“The trial court erred when it dismissed the defendant-appellant, Spalding & Evenflo Corporation’s R.C. section 4123.519 appeal based on lack of subject matter jurisdiction, as the issue presented by that appeal concerns allowance of a condition, rather than the extent of claimant’s disability.
*565 “The trial court erred when it ruled that a party to a workers’ compensation decision is permitted to administratively appeal limited portions of that decision under R.C. section 4123.516, rather than appealing the decision in its entirety.”

The workers’ compensation system was established in Section 35, Article II, Constitution of Ohio, and in R.C. Chapters 4121 and 4123, “to provide a speedy, simple and inexpensive method to compensate work[ers]” for injuries and disabilities sustained in the course of their employment. Goodman v. Beall (1936), 130 Ohio St. 427, 429, 5 O.O. 52, 53, 200 N.E. 470, 471. The system also attempts to limit the financial responsibility of employers and “do away with the vexatious ánd protracted litigation which had proved so costly, exhaustive, and unsatisfactory, ofttimes resulting in great injustice.” Id.

In furtherance of these purposes, a worker whose employer has subscribed for workers’ compensation coverage may file a claim with the Industrial Commission if the employee believes he has suffered a work-related injury. If, after investigation, the Administrator of the Bureau of Workers’ Compensation determines the claim is valid, compensation is paid. R.C. 4123.513. If the employer timely objects, the “disputed claim” is referred for hearing by a district hearing officer. R.C. 4123.515.

The district hearing officer hears the parties interested in the disputed claim and the grounds alleged. He then issues a decision on the claim and dispute and his reasons therefor. If the district hearing officer finds the claim has merit, he orders compensation paid. If he decides the claim lacks merit, he orders no compensation. In either case, the decision of the district hearing officer is subject to appeal pursuant to R.C. 4123.516, which provides, in pertinent part:

“A claimant, an employer, or the administrator of the bureau of workers’ compensation who is dissatisfied with a decision of the district hearing officer may appeal therefrom by filing a notice of appeal with the bureau, with a regional board of review, or with the industrial commission, within twenty days after the date of receipt of notice of the decision of the district hearing officer.”

The Industrial Commission may, in its discretion, hear an R.C. 4123.516 appeal itself or refer it to a regional board of review for that purpose. The decision of the regional board of review is that of the Industrial Commission “except where an appeal is allowed by the industrial commission.” Id.

The decision of the Industrial Commission may be appealed to the common pleas court by the claimant or the employer, pursuant to R.C. 4123.519. The statute provides no grounds for appeal, but does provide that a decision of the Industrial Commission “as to the extent of disability” may not be appealed. *566 Id. However, regardless of which party has filed a notice of appeal, the claimant must next “file a petition containing a statement of facts in ordinary and concise language setting forth a cause of action to participate or to continue to participate in the fund and setting forth the basis for the jurisdiction of the court over the action.” R.C. 4123.519(C). Further proceedings are governed by the Rules of Civil Procedure. Id.

In this case the employer, Spalding, filed a notice of appeal to the common pleas court from the decision of the Industrial Commission. Alcorn, the employee, filed a petition alleging her industrial claim and its causes. However, she also argued that the court lacked jurisdiction because Spalding had failed to preserve an issue for appeal, relying on Lamb v. Sugar Creek Packing, Co., supra. The trial court, while critical of the rule of Lamb, followed that precedent and dismissed.

Lamb presented facts virtually identical to those before us now. The claimant’s right to participate in the fund had not been disputed at any administrative level. The order of the Industrial Commission from which appeal was taken had only reversed the regional board of review concerning extent of disability and reinstated the order of the district hearing officer on the issue.

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

Related

Cooper v. City of Dayton
696 N.E.2d 640 (Ohio Court of Appeals, 1997)
Wein v. Seaman Corporation
687 N.E.2d 477 (Ohio Court of Appeals, 1996)
Reed v. MTD Products, Inc., Midwest Industries
676 N.E.2d 576 (Ohio Court of Appeals, 1996)
Grant v. Ohio Department of Liquor Control
619 N.E.2d 1165 (Ohio Court of Appeals, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 904, 79 Ohio App. 3d 561, 1992 Ohio App. LEXIS 2455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alcorn-v-spalding-evenflo-corp-ohioctapp-1992.