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Hillside Dairy Company v. Self-Insuring Employers Evaluation Board8/3/2000
Rendered on August 3, 2000
APPEAL from the Franklin County Court of Common Pleas.
Appellant, Hillside Dairy Company ("Hillside"), appeals from the May 13, 1999 decision and June 16, 1999 entry of dismissal of the Franklin County Court of Common Pleas granting the motion to dismiss of appellee Self-Insuring Employers Evaluation Board ("SIEEB"). For the reasons that follow, we affirm.
On October 7, 1998, SIEEB held an informal conference concerning whether Hillside was obligated to pay certain medical bills of one of its employees who had filed a workers' compensation claim. On March 10, 1999, SIEEB issued "Informal Hearing Findings" directing Hillside to pay the medical bills. The order specified in pertinent part:
* Therefore, the Board requests that the medical bills be paid in accordance with this order and that no further action be taken in this matter as long as the relevant medical bills are paid within 30 days of the employer's receipt of this order and proof thereof submitted to the Self-Insured Department. Should the employer fail to comply with this order, the matter will be returned to the Board for consideration of a fine and possible revocation of its self-insured status.
On March 22, 1999, Hillside filed a notice of appeal with SIEEB and, on March 23, 1999, Hillside filed a "Submission of Notice of Appeal (pursuant to R.C. 119.12)" with the trial court. On April 21, 1999, SIEEB filed a motion to dismiss the action for lack of subject matter and failure to set forth a cause of action upon which relief could be granted. The trial court found that it lacked subject-matter jurisdiction over the action and granted the motion to dismiss. On May 21, 1999, Hillside filed a motion for reconsideration, which the trial court denied by entry filed June 16, 1999. On the same date, the trial court filed a "Final Entry of Dismissal" which had been submitted by counsel for SIEEB. It is from this judgment Hillside appeals, assigning as error the following:
Assignment of Error No. 1
The Trial Court Erred to Hillside Dairy Company's Prejudice By Dismissing Its Timely-Perfected R.C. 119.12 Appeal Upon Lack of Jurisdiction Grounds Because SIEEB's Subject Order Was:
(a) an adjudicative order;
(b) entered by the highest level of authority within that agency; and
(c) adversely affected Hillside Dairy Company's legal rights.
Assignment of Error No. 2
The Trial Court Erred to Hillside Dairy Company's Prejudice By Overruling Its April 23, 1999 Motion for Summary Reversal, Which Motion Was Premised On the Ground That SIEEB Had Failed And Refused to Certify Its Record of Administrative Proceedings To Such Court.
Assignment of Error No. 3
The Trial Court Abused Its Decisional Discretion To Hillside Dairy Company's Prejudice By Overruling Hillside's May 21, 1999 Motion For Reconsideration Of Such Court's Then-Interlocutory May 13, 1999 "Decision" Granting SIEEB's Motion To Dismiss.
Assignment of Error No. 4
The Trial Court Both Erred And Abused Its Decisional Discretion By Ruling Upon SIEEB's Motion to Dismiss Without First Requiring Such Agency To Submit Its Duly-Certified Record of Proceedings Where:
(a) the content of such record was germane to and dispositive of the jurisdictional issue which the trial court decided,
(b) the unsworn representations of SIEEB's appellate counsel that no such record existed were known to be false, and
(c) the absence of such duly-certified record was likely to adversely affect Hillside Dairy Company's Due Process Right to
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