State ex rel. Tisdale v. Cherry Hill Management, Inc.
State ex rel. Tisdale v. Cherry Hill Management, Inc.
Opinion of the Court
R.C. 4123.522 provides:
“The employee, employer, and their respective representatives are entitled to written notice of any hearing, determination, order, award, or decision under this chapter * * *. An employee, employer, or the administrator is deemed not to have received notice until the notice is received from the industrial commission or its district or staff hearing officers, the administrator, or the bureau of workers’ compensation by both the employee and his representative of record, both the employer and his representative of record, and by both the administrator and his representative.
Claimant received the commission’s order. He argues, however, that his reading difficulties left him without “actual knowledge of the import of the order.” The court of appeals rejected this argument, as do we.
At the outset, we note that the court of appeals found that the claimant had waived any right to challenge on due process grounds the denial of R.C. 4123.522 relief. Analysis, therefore, is confined to the statute itself.
R.C. 4123.522 is a narrow statute designed to remedy a single specific problem — a party’s failure to receive notice of a commission decision. There is no inquiry into a party’s actual knowledge of an order’s content, unless the party first establishes that the order was not received. Claimant cannot satisfy this preliminary requirement.
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The State ex rel. Tisdale v. Cherry Hill Management, Inc. Administrator, Bureau of Workers' Compensation
- Cited By
- 3 cases
- Status
- Published