State ex rel. Hinds v. Industrial Commission

Ohio Supreme Court

State ex rel. Hinds v. Industrial Commission

704 N.E.2d 1222, 84 Ohio St. 3d 424

CourtOhio Supreme Court

DecidedFebruary 10, 1999

DocketNo. 96-2804

StatusPublished

Cited by10 cases

This text of 704 N.E.2d 1222 (State ex rel. Hinds v. Industrial Commission) 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

State ex rel. Hinds v. Industrial Commission, 704 N.E.2d 1222, 84 Ohio St. 3d 424 (Ohio 1999).

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Opinion

Per Curiam.

Decisions going to a claimant’s right to participate, or to continue to participate, in the workers’ compensation system must be appealed to common pleas court. Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175. Thus, where the commission, as here, has ruled that further participation is barred by R.C. 4123.52’s statute of limitations, that decision must be challenged by way of appeal. Valentino v. Keller (1967), 9 Ohio St.2d 173, 38 O.O.2d 412, 224 N.E.2d 748; State ex rel. Consolidation Coal Co. v. Indus. Comm. (1985), 18 Ohio St.3d 281, 18 OBR 333, 480 N.E.2d 807; State ex rel. Superior’s Brand Meats, Inc. v. Indus. Comm. (1992), 63 Ohio St.3d 277, 586 N.E.2d 1077.

Claimant’s reliance on State ex rel. Saunders v. Metal Container Corp. (1990), 52 Ohio St.3d 85, 556 N.E.2d 168, and State ex rel. Morrow v. Indus. Comm. (1994), 71 Ohio St.3d 236, 643 N.E.2d 118, is misplaced. These cases dealt only with the commission’s authority to modify prior orders, not with R.C. 4123.52’s. statute of limitations. They are not, therefore, dispositive.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur. Resnick, J., dissents and would reverse the judgment of the court of appeals. Pfeifer, J., dissents.

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Per Curiam.

Decisions going to a claimant’s right to participate, or to continue to participate, in the workers’ compensation system must be appealed to common pleas court. Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175. Thus, where the commission, as here, has ruled that further participation is barred by R.C. 4123.52’s statute of limitations, that decision must be challenged by way of appeal. Valentino v. Keller (1967), 9 Ohio St.2d 173, 38 O.O.2d 412, 224 N.E.2d 748; State ex rel. Consolidation Coal Co. v. Indus. Comm. (1985), 18 Ohio St.3d 281, 18 OBR 333, 480 N.E.2d 807; State ex rel. Superior’s Brand Meats, Inc. v. Indus. Comm. (1992), 63 Ohio St.3d 277, 586 N.E.2d 1077.

Claimant’s reliance on State ex rel. Saunders v. Metal Container Corp. (1990), 52 Ohio St.3d 85, 556 N.E.2d 168, and State ex rel. Morrow v. Indus. Comm. (1994), 71 Ohio St.3d 236, 643 N.E.2d 118, is misplaced. These cases dealt only with the commission’s authority to modify prior orders, not with R.C. 4123.52’s. statute of limitations. They are not, therefore, dispositive.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur. Resnick, J., dissents and would reverse the judgment of the court of appeals. Pfeifer, J., dissents.

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Bluebook (online)

704 N.E.2d 1222, 84 Ohio St. 3d 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hinds-v-industrial-commission-ohio-1999.

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