Court of Appeals Holds Finding of Intervening Injury Was Not an Appealable Issue Under R.C. 4123.512

The 4th District Court of Appeals recently decided Gilbrath v. Autozone, Inc., 4th Dist. No. 13CA1, 2014-Ohio-2347.  In Gilbrath claimant had an allowed 2003 low back claim.  The Commission denied a 2008 period of TTD and treatment finding a shoveling incident was an intervening incident which broke the chain of causation.  Claimant filed an R.C. 4123.512 appeal in the Common Pleas Court.  The Court remanded the matter back to the Bureau/Industrial Commission for clarification.  Upon rehearing, the Commission held for future issues a determination must be made as to whether medical treatment or disability is due to the allowed claim or the intervening injury. Claimant filed another R.C. 4123.512 appeal in the Common Pleas Court.  The Court dismissed the action pursuant to the company’s request finding the Commission order did not permanently terminate claimant’s right to participate in the fund under his claim and the Court lacked subject matter jurisdiction over the action.  Click here to read the case.


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