Holmes v. Crawford Machine, Inc.
Annotate this CaseIn this case, the Supreme Court was asked to resolve a conflict between the Third and Tenth District Courts of Appeals. The issue was whether after a claimant's right to participate in the workers' compensation fund has been established, a trial court abuses its discretion under Ohio Rev. Code 4123.512(F) when it awards the claimant his or her costs related to the conditions for which the trier of fact determined the claimant was ineligible to participate in the fund. The Court held (1) when a claimant's right to participate in the workers' compensation fund is established on appeal, section 4123.512(F) requires the trial court to award the claimant his or her costs; (2) under section 4123.512, a trial court is not required to apportion costs based on the outcome of a particular claim and/or condition; and (3) accordingly, a trial court does not abuse its discretion by awarding costs under section 4123.512(F) when it reimburses a claimant for costs incurred on appeal without regard to the outcome of a particular claim and/or condition.
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