Fenderson v. United States Steel Corp., Unpublished Decision (3-26-2003)
Fenderson v. United States Steel Corp., Unpublished Decision (3-26-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellants, Ellis Fenderson, Anthony Leibas, Carl Smitkowski, and Domer Richter, appeal the decision of the Lorain County Court of Common Pleas, which dismissed their workers compensation appeal. This Court reverses.
{¶ 3} Each appellant timely appealed, and the individual appeals were consolidated by this Court. Appellants set forth one assignment of error for review.
{¶ 5} The relevant statute, R.C. 4123.51.2(A), states in pertinent part:
{¶ 6} "The claimant or the employer may appeal an order of the industrial commission made under division (E) of section 4123.51.1 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 outside the state, or in which the contract of employment was made if the exposure occurred outside the state. If no common pleas court has jurisdiction for the purposes of an appeal by the use of the jurisdictional requirements described in this division, the appellant may use the venue provisions in the Rules of Civil Procedure to vest jurisdiction in a court. If the claim is for an occupational disease the appeal shall be to the court of common pleas of the county in which the exposure which caused the disease occurred. Like appeal may be taken from an order of a staff hearing officer made under division (D) of section 4123.51.1 of the Revised Code from which the commission has refused to hear an appeal. The appellant shall file the notice of appeal with a court of common pleas within sixty days after the date of the receipt of the order appealed from or the date of receipt of the order of the commission refusing to hear an appeal of a staff hearing officer's decision under division (D) of section 4123.51.1 of the Revised Code."
{¶ 7} Although no controlling authority exists on this issue, the Fifth District Court of Appeals has determined that multiple claimants cannot file a single notice of appeal. Wright v. Ford Motor Co., 5th Dist. No. 2002CA00211, 2003-Ohio-265, at ¶ 10. In reaching its decision, the Fifth District strictly interpreted the use of "claimant" in R.C. 4123.51.2(A) to mean only a single individual worker. Id. This Court is not persuaded by the Fifth District's logic. In addressing a similar issue, the Supreme Court of Ohio held a claimant could file a single workers compensation appeal based on two or more decisions of the industrial commission. State ex rel. Republic Steel Corp. v. Quinn
(1984),
{¶ 8} In Quinn, an employee of Republic Steel filed a claim seeking compensation for a 1978 burn injury, as well as an injury that he sustained in 1979. After his claims were administratively denied, he perfected a single appeal to the court of common pleas. Republic unsuccessfully sought a writ of prohibition in the court of appeals, and thereafter, presented the issue of whether R.C. 4123.51.9 (now R.C. 4123.51.2) authorized two or more decisions of the industrial commission to be appealed to the court of common pleas in a single action. Quinn
{¶ 9} The Supreme Court held that multiple claims may be set forth in a single notice of appeal, notwithstanding the statutory use of the singular "claim." Quinn at 59. In reaching its decision in Quinn, the Supreme Court applied the General Assembly's rule of statutory construction, found in R.C.
{¶ 10} This Court finds that the Supreme Court's holding in Quinn is applicable to the case sub judice. If multiple claims may be set forth in a single appeal, it follows that multiple claimants may be joined in a single appeal as long as the minimum requirements of R.C. 4123.51.21 have been met. In this case, appellants have included all the required information in their appeal.
{¶ 11} After the notice of appeal is filed, however, Civ.R. 42 gives the trial court discretion to determine whether the appellants' cases should be joined. See Jamestown Village Condo Owners Assn. v.Market Media Research, Inc. (1994),
BAIRD, P.J. and WHITMORE, J. CONCUR
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