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54 Ohio St. 2d 369

Smith v. Krouse

Ohio Supreme Court

Decided June 21, 1978

Ohio Supreme Court · decided 1978-06-21

Relies on State ex rel. General Motors Corp. v. Industrial Commission · 28 Ohio St. 2d 154 - State ex rel. Campbell v. Industrial Commission · State ex rel. Mansour v. Industrial Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1978-06-21

How this case has been cited

Cited by 12 later decisions — most recently May 1995

12 state decisions

80197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The issue presented in this appeal is whether the order of the commission finding appellant to be permanently and totally disabled “but not due to the [prior] allowed injury” constitutes an appealable order.

¶2R. C. 4123.519 provides, in part:

“The claimant or the employer may appeal a decision of the industrial commission in any injury case, other than a decision as to the extent of disability, to the court of common pleas

¶3In a series of cases interpreting R. C. 4123.519, it has been held that “ it is an order constituting a ‘denial that is absolute going to the basis of claimant’s right’ that is appealable.” Reeves v. Flowers (1971), 27 Ohio St. 2d 40, 43, 271 N. E. 2d 769; State, ex rel. Mansour, v. Indus. Comm. (1969), 19 Ohio St. 2d 94, 249 N. E. 2d 775; State, ex rel. Campbell, v. Indus. Comm. (1971). 28 Ohio St. 2d 154, 277 N. E. 2d 219; State, ex rel. General Motors Corp., v. Indus. Comm. (1975), 42 Ohio St. 2d 278, 328 N. E. 2d 387; State, ex rel. Commercial Motor Freight, v. Stebbins (1975), 42 Ohio St. 2d 389, 329 N. E. 2d 102; State, ex rel. General Motors, v. Indus. Comm. (1975), 44 Ohio St. 2d 46, 337 N. E. 2d 782; Ford Motor Co. v. Mosijowsky (1975), 44 Ohio St. 2d 109, 338 N. E. 2d 762; Mooney v. Stringer (1976), 48 Ohio St. 2d 375, 358 N. E. 2d 612.

¶4Inasmuch as appellant’s right; to participate in the *371fund has been established, “ * the case at bar involves only the extent to which [appellant] may continue to participate in the Workmen’s Compensation Fund under an allowed claim.” It “does not concern” an “absolute denial of a claim going to the basis of [appellant’s] right to participate, or to continue to participate, in the Fund.” State, ex rel. Campbell, supra,at page 156. Thus, the order of the commission is not appealable to the Court of Common Pleas under R. C. 4123.519.

¶5The judgment of the Court of Appeals is affirmed.

¶6Judgment affirmed.

O ’Neill, C. J., Herbert, Celebrezze, W. Brown. P. Brown, Sweeney and Loches, JJ., concur.
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