Carter v. Yellow Freight System11/26/2002
. Defendant-appellant, Yellow Freight System, Inc. ("appellant"), appeals from the January 31, 2002 decision of the Franklin County Court of Common Pleas denying appellant's motion to reconsider and ordering appellant to pay plaintiff-appellee, Gary A. Carter ("appellee"), attorney fees and costs. For the reasons that follow, we reverse the decision of the trial court.
. Appellant employed appellee as an over-the-road truck driver. On February 24, 1989, during the scope of his employment, appellee's neck and shoulder were jarred when the tractor/trailer truck he was driving struck "a few holes in the road." Appellee filed an application for workers' compensation benefits with appellant. On July 26, 1990, appellant certified appellee's claim for a cervical strain.
. On October 9, 1998, a little over nine years after his injury, appellee filed a C-86 motion with the Industrial Commission of Ohio ("ICO"), requesting benefits for a herniated disc in his neck, which appellee alleged was the result of the February 24, 1989 work-related injury. In his motion, appellee requested payment of temporary and total disability benefits from March 3, 1998 to October 5, 1998, along with additional allowances for the claim of herniated disc, and payment for medical bills associated with his cervical discectomy and fusion.
. Appellee's motion was heard on February 9, 1999 before District Hearing Officer C. Albrecht. On February 12, 1999, Hearing Officer Albrecht mailed a written order granting appellee's additional claim for herniated disc at C4-5 and C5-6, award of temporary total disability compensation from March 3, 1998 to October 4, 1998, and payment for appellee's July 22, 1998 cervical discectomy and fusion. On or about February 19, 1999, appellant appealed the district hearing officer's order.
. On March 16, 1999, Staff Hearing Officer R. Miller heard the appeal and issued a written opinion on March 23, 1999, affirming Hearing Officer Albrecht's February 12, 1999 order. On or about March 25, 1999, appellant appealed the staff hearing officer's order.
. On April 2, 1999, without conducting a hearing, the ICO issued a final order denying appellant's subsequent appeal. Appellant filed an appeal, pursuant to R.C. 4123.512, with the Franklin County Court of Common Pleas.
. On September 9, 2001, appellee filed a motion to dismiss appellant's appeal, a motion to stay proceeding, and a motion for fees and costs. In his motion to dismiss, appellee argues that appellant did not have a right to appeal the February 12, 1999 order to the trial court because appellee's herniated disc was not a "new condition" but an exacerbation of his original injury. On December 20, 2001, the trial court granted appellee's motion to dismiss, concluding that the subject matter of the February 12, 1999 order was not appealable under R.C. 4123.512 because the order related to an extent of disability issue and not a right to participate issue.
. On January 2, 2002, appellant filed a motion to reconsider the trial court's December 20, 2001 decision because the trial court made a factual mistake by determining that the ICO order related to the extent of disability and not a right to participate issue. Appellant argued that the issue is appealable under R.C. 4123.512 because the ICO officers referred to appellee's herniated disc as an "additional condition" and the relief awarded constituted an "additional allowance." On January 4, 2002, appellee filed a memorandum contra to appellant's motion to reconsider. On January 31, 2002, the trial court denied appellant's motion for reconsideration concluding that "despite [appellant's] attempt to emphasize the s
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