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Ohio Supreme Court Schedules Oral Arguments in Ferguson and Clendenin

Previously, the Comp Connection reported that the Ohio Supreme Court accepted jurisdiction over Ferguson v. State of Ohio, 2015-Ohio-4499 and Clendenin v. Girl Scouts of Western Ohio, 2015-Ohio-4506, both of which are important cases.  Ferguson involves the constitutionality of R.C. 4123.512(D), which requires claimants to obtain the consent of an employer to voluntarily dismiss a complaint in court in an employer appeal.  Ferguson will be argued before the Court on February 28, 2017.  The issue in Clendenin is whether a Commission finding that a pre-existing injury has returned to pre-injury status under R.C. 4123.54 is appealable under R.C. 4123.512.  Clendenin is set for argument on January 11, 2017.  The Comp Connection will continue to monitor the progress of these cases and will report the outcomes accordingly.

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