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Court of Appeals Finds Employer Must Appeal Disputed Conditions To Court For Further Challenge

In Beaumont v. Kvaerner N. Am. Constr., 2013-Ohio-5847, the court of appeals examined whether an employer can raise a challenge to the allowance of conditions in a R.C. 4123.512 appeal, where the conditions were not appealed by the claimant.  In this case, the employer challenged the disputed conditions by asserting a counter-claim in its answer to the claimant’s complaint.  The 11th District Court of Appeals held the employer must appeal the conditions it wishes to challenge to vest the court with jurisdiction over such conditions; filing a counter-claim will not suffice.  Read the full decision here.

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