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Greenwalt v. Am. Std.12/30/1998
GENE DONOFRIO, Presiding Judge.
Plaintiff-appellant, Lloyd D. Greenwalt, appeals from a final order of the Columbiana County Common Pleas Court sustaining the motion of defendant-appellee American Standard, Inc. et al. to dismiss for lack of subject matter jurisdiction in this workers' compensation case.
Appellant filed an application for workers' compensation benefits as a result of a work-related injury occurring on April 6, 1992. The Ohio Bureau of Workers' Compensation allowed the claim for herniated disc low back.
Appellant received temporary total disability compensation from April 6, 1992, until the Industrial Commission determined that appellant had reached maximum medical improvement on August 12, 1996. Four months later, on December 10, 1996, appellant filed a C-86 motion requesting payment of medical treatment and periods of temporary total compensation. Appellee American Standard filed an objection to this motion.
The matter was heard before a district healing officer on March 3, 1997. The hearing officer subsequently filed an order denying appellant's C-86 motion. Appellant appealed this order to the Industrial Commission on March 12, 1997.
On May 7, 1997, a staff hearing officer modified the district hearing officer's order and affirmed it in all other respects. Appellant appealed the staff hearing officer's order. By order of May 16, 1997, the Industrial Commission refused to hear a further appeal.
Pursuant to R.C. 4123.512, appellant appealed to the Columbiana County Common Pleas Court. The court determined that the Industrial Commission's order involved only the extent of appellant's disability and not appellant's right to participate. Accordingly, the court dismissed appellant's appeal for lack of subject matter jurisdiction.
This appeal followed.
In his sole assignment of error, appellant alleges:
"The Court of Common Pleas, Columbiana County, Ohio committed error when it dismissed Plaintiff-Appellant Lloyd Greenwalt's Notice of Appeal and Complaint based upon its erroneous conclusion that the order of the Industrial Commission appealed to court dealt with an issue of `extent of disability' and was therefore not appealable pursuant to Ohio Revised Code section 4123.512."
R.C. 4123.512(A) provides:
"The claimant or the employer may appeal an order of the industrial commission * * * in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common pleas * * *."
Therefore, an employer or claimant can appeal only those orders of the Industrial Commission that involve a claimant's right to participate or to continue to participate in the State Insurance Fund. State ex rel. Evans v. Indus. Comm. (1992),64 Ohio St.3d 236, 238, 594 N.E.2d 609, 610-611. An employer or claimant cannot appeal those orders of the Industrial Commission that involve only the extent of the claimant's disability. R.C. 4123.512(A).
The central issue raised by this appeal is whether the Industrial Commission's order involved the extent of appellant's disability or appellant's light to continue to participate in the State Insurance Fund.
Appellant's position is that the Industrial Commission's order involved more than the extent of his disability and went to his right to continue to participate. Appellee's position is that the Industrial Commission's order involved only the extent of appellant's disability. The common pleas court agreed with appellee and denied appellant's appeal.
The decision of the district hearing officer denying appellant'
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