Bennett v. Adm'r, Bureau of Workers Comp.
Annotate this CaseThis appeal presented issues regarding the scope of a workers' compensation appeal in common pleas court pursuant to Ohio Rev. Code 4123.512. Specifically, the appeal concerned whether, in that proceeding to determine a claimant's right to participate in the workers' compensation fund, the court was limited to considering those issues that were specifically determined by the Industrial Commission below, or whether the de novo nature of the proceeding obligated the claimant to present and the court to consider all the evidence necessary for determining the claimant's right to participate. The court of appeals rejected the claimant's claim that the trial court erred in placing the burden on him to establish any injury-relatedness or causation in his section 4123.512 appeal because those issues were not considered in the administrative rulings. The Supreme Court affirmed the judgment of the court of appeals, holding that the de novo nature of a section 4123.512 appeal proceeding puts in issue all elements of a claimant's right to participate in the workers' compensation fund.
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