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Bissell v. Akron Gen. Med. Ctr.9/25/1996
REECE, Judge.
Appellant Yvonne Bissell appeals the decision of the trial court denying her "Motion to Allow Notice of Appeal."
On November 1, 1992, Yvonne Bissell was injured in the course of her employment with appellee Akron General Medical Center ("AGMC"). AGMC certified Bissell's workers' compensation claim for the medical conditions of "contusion right knee and contusion left ankle." Bissell received payment of medical and disability benefits based upon those conditions.
On November 3, 1993, AGMC moved the Industrial Commission of Ohio to terminate Bissell's temporary total disability benefits. The district hearing officer denied the motion. AGMC appealed. The staff hearing officer granted the motion on April 19, 1994 and denied Bissell's temporary total disability benefits from November 3, 1993 forward because the benefits were certified based on conditions (plantar fascitis, left foot and reflex dystrophy syndrome, left foot) that had not been allowed in the original claim. Bissell filed an appeal that was denied by the Industrial Commission in an order dated April 25, 1994. On July 8, 1994, Bissell filed a notice of appeal with the Summit County Court of Common Pleas.
Bissell moved the commission on January 19, 1995 for an additional allowance for "plantar fascitis, left foot and Achilles tendinitis, left foot." The commission denied Bissell's request. The commission issued a final order denying further appeal on November 16, 1995.
On November 28, 1995, Bissell filed a "Motion to Allow Notice of Appeal" with the Summit County Court of Common Pleas. The trial court denied the motion on February 28, 1996. This appeal followed.
Bissell assigns the following errors:
"1. The trial court erred in not accepting the Motion to Allow a Notice of Appeal on a question that was already pending in that trial court contrary to Civil Rule 42(A).
"2. The trial court erred in allowing a reply contrary to the local court rules for the courts of Summit County, Ohio being Rule 7.14 and not declaring a waiver or default judgment.
"3. The trial court erred, if it did rule, that the claimant did not have a cause of action under ORC 4123.512 for the appeal filed July 5, 1994."
For the ease of discussion, we will consider the assignments of error beginning with the third and concluding with the second.
In her third assignment of error, Bissell argues that the trial court erred in ruling that she had no cause of action for the notice of appeal she filed in the court of common pleas on July 5, 1994. She contends that this notice of appeal does pertain to her right to participate in the Workers' Compensation Fund and therefore, under R.C. 4123.512, the trial court has jurisdiction over the appeal. We disagree.
The trial court appropriately determined that it lacked subject matter jurisdiction to consider Bissell's July 1994 appeal because the commission orders Bissell appealed did not constitute final determinations of her entitlement to benefits. The jurisdiction of common pleas courts over appeals from commission decisions is defined by R.C. 4123.512(A).
R.C. 4123.512(A) provides:
"The claimant or the employer may appeal an order of the industrial commission made under division (E) of section 4123.511 of the Revised Code in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common pleas of the county in which the injury was inflicted or in which the contract of employment was made if the injury occurred outs
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