Did Claimant Abandon Workers’ Comp Claim By Dismissing Appeal Without Employer’s Consent?
Robert Thorton v. Montville Plastics & Rubber, Inc., Administrator, Ohio Bureau of Worker’s Compensation, Case no. 2007-1588 11th District Court of Appeals (Geauga County) ISSUE: Did an amendment to the state workers’ compensation law that took effect in August 2006 apply retroactively to bar an injured employee from voluntarily dismissing an appeal complaint he filed in 2005 without first obtaining his employer’s consent. BACKGROUND: When the Ohio Bureau of Workers’ Compensation (BWC) grants an employee’s claim for benefits, and an administrative appeal of that ruling by the worker’s employer to the Industrial Commission is unsuccessful, the employer has a statutory right to appeal the case to the local common pleas court. In order to initiate such an action, however, after the employer files a notice of appeal the law requires the worker whose benefits are being challenged to file an initial complaint with the court, to which the employer and the BWC then file answers. Through legisl
