Bruce v. Belucon

Citations

• 233 N.E.3d 1177
• 2024 Ohio 139

Syllabus

Judgment reversed. The trial court properly ruled that appellant's failure to refile the complaint in his worker's compensation appeal under R.C. 4123.512 within a year from its dismissal, as allowed by the savings statute, R.C. 2305.19(A), barred him from demonstrating his right to participate in the workers' compensation fund, and the employer was therefore entitled to judgment. However, the trial court lacked jurisdiction to order the commission to vacate its orders, charge payments to the Surplus Fund, or determine the existence or non-existence of the employer's liability, as the scope of review under R.C. 4123.512(D) is limited to determining only \the right of the claimant to participate or to continue to participate in the fund upon the evidence adduced at the hearing of the action.\