2002 OHIO 1490 - Hook v. Springfield

[This decision has been published in Ohio Official Reports at

94 Ohio St.3d 1251

.]




HOOK; GENTIS, EXR., APPELLANT, v. CITY OF SPRINGFIELD ET AL., APPELLEES.
                   [Cite as Hook v. Springfield,

2002-Ohio-1490

.]
Appeal dismissed as improvidently allowed.
       (No. 01-519—Submitted February 26, 2002—Decided April 3, 2002.)
       APPEAL from the Court of Appeals for Clark County, No. 2000CA71.
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        {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
allowed.
        MOYER, C.J., F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.
        DOUGLAS, J., dissents.
        RESNICK and PFEIFER, JJ., dissent.
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        PFEIFER, J., dissenting.
        {¶ 2} I dissent from the majority’s decision to declare that jurisdiction in
this case was improvidently allowed. Frederick E. Hook’s claim for benefits that
were allegedly owed him should not terminate because he died. See State ex rel.
Liposchak v. Indus. Comm. (2000),

90 Ohio St.3d 276

737 N.E.2d 519

. If the
Industrial Commission had allowed his claim before his death, Hook would have
received benefits. Why then, if the Industrial Commission improperly denied
benefits, should Hook’s estate not be entitled to benefits through the day of his
death? I would reverse the judgment of the court of appeals and allow the
continuance of the action by the estate.
        {¶ 3} Claimants already face significant structural delays because of the
appeals process, and, as in this case, some of them die before the process is
complete. Although no wrongdoing was alleged in this case, I am troubled that the
Industrial Commission continues to have an incentive to engage in delaying tactics
                            SUPREME COURT OF OHIO




while waiting for a claimant to die. See State ex rel. Johnston v. Ohio Bur. of
Workers’ Comp. (2001),

92 Ohio St.3d 463

751 N.E.2d 974

. I dissent.
       RESNICK, J., concurs in the foregoing dissenting opinion.
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       Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, Marc J. Jaffy and
Alan D. Eakins, for appellant.
       Robin B. DeBell, Law Director, for appellee city of Springfield.
       Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant
Attorney General, for appellee Bureau of Workers’ Compensation.
       Barry M. Byron and Stephen L. Byron, urging affirmance for amicus curiae
Ohio Municipal League.
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