State ex rel. Superior's Brand Meats, Inc. v. Industrial Commission

586 N.E.2d 1077, 63 Ohio St. 3d 277, 1992 Ohio LEXIS 397
CourtOhio Supreme Court
DecidedMarch 18, 1992
DocketNo. 90-1569
StatusPublished
Cited by10 cases

This text of 586 N.E.2d 1077 (State ex rel. Superior's Brand Meats, Inc. 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. Superior's Brand Meats, Inc. v. Industrial Commission, 586 N.E.2d 1077, 63 Ohio St. 3d 277, 1992 Ohio LEXIS 397 (Ohio 1992).

Opinions

Holmes, J.

The first issue addressed by the court of appeals was the jurisdictional time limitation for payment of compensation as imposed upon the commission by R.C. 4123.52. In like manner, we first consider this statute and the commission’s continuing jurisdiction thereunder, and whether the appellant possessed a right of appeal pursuant to R.C. 4123.519 1 from the commission’s decision to retain jurisdiction over the claim. The availability of such an appeal would necessarily preclude the issuance of a writ of mandamus. State, ex rel. Consolidation Coal Co., v. Indus. Comm. (1985), 18 Ohio St.3d 281, 18 OBR 333, 480 N.E.2d 807.

R.C. 4123.52, in pertinent part, provides:

“The jurisdiction of the industrial commission over each case shall be continuing, and the commission may make such modification or change with respect to former findings or orders with respect thereto, as, in its opinion is justified. No modification or change nor any finding or award in respect of any claim shall be made with respect to disability, compensation, dependency, or benefits, after six years from the date of injury in the absence of the payment of compensation for total disability under section 4123.56 of the Revised Code, or wages in lieu of compensation in a manner so as to satisfy the requirements of section 4123.84 of the Revised Code, except in cases where compensation has been paid under section 4123.56, 4123.57, or 4123.58 of the Revised Code, then ten years from the date of the last payment of compensation or from the date of death * * *.”

[280]*280The appellant contends that the record before the commission shows that the date of the last payment of compensation to this claimant was July 17, 1977 and, therefore, the commission’s jurisdiction over the claim ended ten years after that payment date, prior to the filing of claimant’s March 9, 1988 motion for temporary total disability compensation. Appellant asserts that the claimant did not receive compensation or wages in lieu thereof pursuant to R.C. 4123.56, 4123.57 or 4123.58 within the ten years immediately preceding the filing of his motion for temporary disability benefits, that the only evidence which claimant offered on the jurisdictional issue was evidence that he had received medical benefits for his claim, and that receipt of medical benefits, unlike receipt of compensation or wages in lieu thereof, does not toll the statute of limitations. The latter issue of whether medical benefits constitute compensation within the purview of R.C. 4123.56,. 4123.57 and 4123.58 has recently been addressed by this court in the case of Collinsworth v. Western Elec. Co. (1992), 63 Ohio St.3d 268, 586 N.E.2d 1071, wherein we held that medical benefits do constitute compensation to effect the tolling of the statute of limitations as applied to these sections of law. Thus, the commission in this case will have to determine whether during the ten-year period, under these facts, there had been medical or hospital benefits paid to this claimant.

The question of whether the commission had or did not have continuing jurisdiction over this claim would be in the first instance for the commission to specifically determine. Such a determination of whether the statute of limitations governing R.C. 4123.56, 4123.57 and 4123.58 had run would be one concerning the claimant’s right to participate in the State Insurance Fund rather than one as to the extent of disability and, as such, would be appealable to the court of common pleas pursuant to R.C. 4123.519. This court specifically so held in Valentino v. Keller (1967), 9 Ohio St.2d 173, 38 O.O.2d 412, 224 N.E.2d 748, syllabus, and State, ex rel. Consolidation Coal Co., supra. We recently clarified the distinctions between “extent of disability” and “right to participate” in Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175, paragraph one of the syllabus, where we stated, “ * * * [t]he 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. * * * ” A decision by the commission upon the question of its continuing jurisdiction, being appealable, may not be presented to an appellate court by way of an original action such as mandamus. State, ex rel. Consolidation Coal Co., supra, at 284, 18 OBR at 335, 480 N.E.2d at 810.

However, for there to be an appeal of the jurisdiction issue there must be a decision of the commission on that subject. The commission speaks only through its record. State, ex rel. Cundiff, v. Indus. Comm. (1934), 128 Ohio [281]*281St. 636, 1 O.O. 281, 193 N.E. 345, paragraph one of the syllabus. Reviewing the record of this matter, we find that the commission did not specifically address the issue of its jurisdiction in its order. The district hearing officer’s order, dated July 11,1988, merely stated that “Temporary Total Compensation is ordered paid from December 21, 1987 through April 3, 1988, inclusive.” This is the only “decision” rendered by the commission and is clearly one on the “extent of disability” that, pursuant to R.C. 4123.519, is not appealable.

The court of appeals correctly characterized appellant’s jurisdictional challenge as one involving claimant’s right to continued participation in the Workers’ Compensation Fund. Also, the referee, and the court of appeals in adopting his report, recognized that the commission had not specifically addressed the jurisdictional issue. However, the court concluded that the commission by its order had in essence determined its continuing jurisdiction by awarding benefits. As we have stated previously, the commission speaks only through its entries. Accordingly, we find the jurisdictional issue was not addressed by the commission.

The question of whether the claimant received compensation, or wages in lieu thereof, during the ten-year period presents a factual dispute that falls within the commission’s exclusive jurisdiction. State, ex rel. Haines, v. Indus. Comm. (1972), 29 Ohio St.2d 15, 58 O.O.2d 70, 278 N.E.2d 24. Resolution of this issue on its merits thus necessitates an order directing the commission to determine whether the claimant received compensation or wages in lieu thereof during the relevant ten-year period. If the appellant ultimately prevails2 on this jurisdictional issue, R.C. 4123.52 would bar the award of benefits or compensation to the claimant at any time ten years after July 17, 1987.

Further, within the stance of this case, the commission must also decide the nature and cause of the claimant’s resignation. If the commission, in its review of the record, particularly the medical reports and other medical data and the claimant’s physical condition at the time of his resignation, finds that the cause of the resignation was his injury and resulting physical condition, [282]*282such a determination, in essence, is a finding as to the extent of the claimant’s disability.

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)
Draper v. N. Am. Science Assocs., Inc.
2017 Ohio 2811 (Ohio Court of Appeals, 2017)
State ex rel. Hinds v. Industrial Commission
704 N.E.2d 1222 (Ohio Supreme Court, 1999)
Hudson v. Tomkins Industries
691 N.E.2d 1146 (Ohio Court of Appeals, 1997)
Collinsworth v. Western Electric Co.
586 N.E.2d 1071 (Ohio Supreme Court, 1992)
State ex rel. Thompson v. Industrial Commission
586 N.E.2d 1085 (Ohio Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 1077, 63 Ohio St. 3d 277, 1992 Ohio LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-superiors-brand-meats-inc-v-industrial-commission-ohio-1992.