Samuel v. Progressive Cas. Ins. Co.

Citations

• 2017 Ohio 388

Syllabus

Workers' compensation R.C. 4123.512 de novo scope of review failure to object to absence of exhibits to notice of hearing and deposition transcripts constitutes waiver. A trial court's scope of review on appeal from a workers' compensation determination pursuant to R.C. 4123.512 is, unlike traditional administrative appeals, de novo, and is based solely on the evidence placed before the trial court by the parties. The claimant bears the burden of proving entitlement to workers' compensation fund participation. The failure to object at the trial court to the absence of deposition and administrative hearing exhibits upon receipt of a notice of filing thereof constitutes a waiver of the argument, and appellant did not proffer the exhibits.