Cristino v. Ohio Bureau of Workers' Compensation

118 Ohio St. 3d 151
CourtOhio Supreme Court
DecidedMay 7, 2008
DocketNo. 2007-0152
StatusPublished
Cited by9 cases

This text of 118 Ohio St. 3d 151 (Cristino v. Ohio Bureau of Workers' Compensation) 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
Cristino v. Ohio Bureau of Workers' Compensation, 118 Ohio St. 3d 151 (Ohio 2008).

Opinions

Moyer, C.J.

{¶ 1} This case requires us to revisit the distinction between legal and equitable claims of restitution. Pursuant to R.C. Chapter 2743, a civil claim against the state that requests only equitable relief may be heard in the courts of common pleas, whereas all other civil claims against the state fall within the exclusive, original jurisdiction of the Court of Claims. R.C. 2743.03(A)(1) and (A)(2). We hold that the present claim against the state is not an equitable claim of restitution and that the Cuyahoga County Court of Common Pleas therefore lacks subject-matter jurisdiction over the action. We reverse the judgment of the Eighth District Court of Appeals.

I

{¶2} Appellee Pietro Cristino applied for and was granted permanent total disability benefits from appellant Ohio Bureau of Workers’ Compensation (“bureau”). The grant of permanent total disability benefits entitled Cristino to receive periodic payments until his death. R.C. 4123.58(A). He agreed to relinquish his right to the periodic payments in exchange for a lump-sum [152]*152payment from the bureau, which described the lump-sum payment as the “present value” of his permanent total disability claim.

{¶ 3} Following Cristino’s settlement with the bureau, he filed a class-action lawsuit against the bureau and the state of Ohio in the Court of Common Pleas of Cuyahoga County. Cristino alleged that the bureau had improperly calculated the present value of his permanent total disability claim. He also alleged that he had accepted the settlement without knowing that the bureau had used an improper calculation. Cristino requested several forms of relief, including the following: “Under principles of law and equity, Cristino and [the class members] are entitled to full restitution of the difference between the amounts represented by the Administrator to be the ‘actual present value’ of their PTD claims and the true ‘actual present value’ * * *.”

{¶ 4} The bureau and the state filed a motion to dismiss the complaint for lack of subject-matter jurisdiction, arguing that the claim for restitution was a request for monetary relief and that the Court of Claims therefore had exclusive jurisdiction. The trial court granted the motion to dismiss, and the Eighth District Court of Appeals affirmed. Cristino v. Ohio Bur. of Workers’ Comp., Cuyahoga App. No. 81619, 2003-Ohio-766, 2003 WL 361283.

{¶ 5} This court reversed the judgment of the court of appeals and remanded the matter to the trial court on the authority of Santos v. Ohio Bur. of Workers’ Comp., 101 Ohio St.3d 74, 2004-Ohio-28, 801 N.E.2d 441. Cristino v. Ohio Bur. of Workers’ Comp., 101 Ohio St.3d 97, 2004-Ohio-201, 802 N.E.2d 147.

{¶ 6} On remand, the trial court denied the motion to dismiss filed by the bureau and the state and granted Cristino’s motion for class certification. The court of appeals affirmed. Cristino v. Ohio Bur. of Workers’ Comp., Cuyahoga App. No. 87567, 2006-Ohio-5921, 2006 WL 3234022. We accepted the discretionary appeal by the bureau and the state.

II

{¶ 7} It is well established that restitution can be either a legal or an equitable remedy. Santos, 101 Ohio St.3d 74, 2004-Ohio-28, 801 N.E.2d 441, at ¶ 11. In order to determine whether a claim for restitution requests legal or equitable relief, we look to the basis for the plaintiffs claim and the nature of the underlying remedies sought. Id. at ¶ 13.

{¶ 8} In Great-West Life & Annuity Ins. Co. v. Knudson (2002), 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635, the Supreme Court noted that historically, the distinction between legal and equitable claims for restitution depended on whether the plaintiff could assert “title or right to possession” in particular funds or other property. Id. at 213, 122 S.Ct. 708, 151 L.Ed.2d 635. In particular, the court found that historically, a legal restitution claim was a claim in which the [153]*153plaintiff “ ‘could not assert title or right to possession of particular property, but in which nevertheless he might be able to show just grounds for recovering money to pay for some benefit the defendant had received from him.’ ” (Emphasis deleted.) Id., quoting 1 Dobbs, Law of Remedies (2d Ed.1993) 571, Section 4.2(1). By contrast, an equitable restitution claim was one in which “money or property identified as belonging in good conscience to the plaintiff could clearly be traced to particular funds or property in the defendant’s possession.” Id.

{¶ 9} The Supreme Court in Great-West recognized a distinction between a claim for hinds due under a contract and a claim for funds to which a party is statutorily entitled. In particular, the court noted that “ ‘[a] claim for money due and owing under a contract is “quintessentially an action at law.” ’ ” 534 U.S. at 210, 122 S.Ct. 708, 151 L.Ed.2d 635, quoting Wal-Mart Stores, Inc. v. Wells (C.A.7, 2000), 213 F.3d 398, 401, quoting Hudson View II Assoc. v. Gooden (1996), 222 A.D.2d 163, 168, 644 N.Y.S.2d 512. The court held that the plaintiffs in Great-West sought to impose personal contractual liability on the opposing party and thus sought “the classic form of legal relief.” (Emphasis sic.) Id. at 214 and 210, 122 S.Ct. 708, 151 L.Ed.2d 635.

{¶ 10} The court distinguished its decision in Great-West from Bowen v. Massachusetts (1988), 487 U.S. 879, 108 S.Ct. 2722, 101 L.Ed.2d 749, in part on the basis of the distinction between statutory and contractual entitlement to past due funds. The court, which had allowed the plaintiffs claim for specific relief in Boiuen, held that the case was inapplicable to the plaintiffs’ claims in Great-West: “Bowen, unlike petitioners’ claim, did not deal with specific performance of a contractual obligation to pay past due sums. Rather, [the plaintiff in Bowen ] claimed * * * that the Federal Government failed to reimburse it for past expenses pursuant to a statutory obligation * * *.” (Emphasis sic.) Id. at 212, 122 S.Ct. 708, 151 L.Ed.2d 635. We find the Supreme Court’s discussion of legal and equitable restitution in Great-West applicable here.

{¶ 11} This court has also distinguished between statutory and contractual entitlement to past-due funds. In Ohio Hosp. Assn. v. Ohio Dept. of Human Servs. (1991), 62 Ohio St.3d 97, 579 N.E.2d 695, we held that a Medicaid provider with a statutory right to Medicaid reimbursement could bring an equitable claim for Medicaid funds that had been withheld pursuant to an invalid administrative rule.

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Bluebook (online)
118 Ohio St. 3d 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cristino-v-ohio-bureau-of-workers-compensation-ohio-2008.