Ohio Supreme Court, 1999

State ex rel. Hinds v. Industrial Commission

Ohio Supreme Court · Decided February 10, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney, Would

84 Ohio St. 3d 424; 704 N.E.2d 1222

Cases that cite this one

10 later published cases cite this decision.

Romans v. Elder Beerman Stores, Unpublished Decision (12-10-2002) (Ohio Ct. App. 2002)
Ellis v. General Electric Company, Unpublished Decision (9-29-2000) (Ohio Ct. App. 2000)
Draper v. N. Am. Science Assocs., Inc. (Ohio Ct. App. 2017)
Prestige Delivery Systems v. Schroeder, Unpublished Decision (6-26-2003) (Ohio Ct. App. 2003)
State Ex Rel. Co. v. the Indus. Comm., Unpublished Decision (6-27-2002) (Ohio Ct. App. 2002)
State ex rel. Hinds v. Indus. Comm. (Ohio 1999)
General Electric Co. v. Indus. Comm., 06ap-648 (6-28-2007) (Ohio Ct. App. 2007)
State Ex Rel. Parks v. Indus. Comm., Unpublished Decision (10-19-2004) (Ohio Ct. App. 2004)
Forrest v. Anchor Hocking Con. Glass, Unpublished Decision (11-13-2003) (Ohio Ct. App. 2003)
Robinson v. Att Network Sys., Unpublished Decision (3-29-2002) (Ohio Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Decisions going to a claimant’s right to participate, or to continue to participate, in the workers’ compensation system must be appealed to common pleas court. Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175. Thus, where the commission, as here, has ruled that further participation is barred by R.C. 4123.52’s statute of limitations, that decision must be challenged by way of appeal. Valentino v. Keller (1967), 9 Ohio St.2d 173, 38 O.O.2d 412, 224 N.E.2d 748; State ex rel. Consolidation Coal Co. v. Indus. Comm. (1985), 18 Ohio St.3d 281, 18 OBR 333, 480 N.E.2d 807; State ex rel. Superior’s Brand Meats, Inc. v. Indus. Comm. (1992), 63 Ohio St.3d 277, 586 N.E.2d 1077.

Claimant’s reliance on State ex rel. Saunders v. Metal Container Corp. (1990), 52 Ohio St.3d 85, 556 N.E.2d 168, and State ex rel. Morrow v. Indus. Comm. (1994), 71 Ohio St.3d 236, 643 N.E.2d 118, is misplaced. These cases dealt only with the commission’s authority to modify prior orders, not with R.C. 4123.52’s. statute of limitations. They are not, therefore, dispositive.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur. Resnick, J., dissents and would reverse the judgment of the court of appeals. Pfeifer, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.