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Employer is Entitled to Judgment When Claimant Fails to Re-File Complaint

In Donini v. Manor Care Inc., 2014-Ohio-1767, the employer appealed the allowance of an additional condition to court pursuant to R.C. 4123.512.  Prior to trial, the employer and claimant stipulated to a dismissal of the complaint.  Under Ohio’s saving statute, the claimant had one year to re-file the complaint.  However, the claimant failed to re-file the complaint within one year and the employer moved the trial court for judgment.  The trial court granted the motion and the court of appeals upheld the trial court’s decision.  Read the full decision here.

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