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60 Ohio St. 2d 1

Robinette v. Daugherty

Ohio Supreme Court

Decided October 3, 1979

Ohio Supreme Court · decided 1979-10-03

Cited by 3 later decisions — most recently December 1984

3 state decisions

Key passage — most relied on by later courts

““The claimant* * *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***.””

quoted by 1 later decision, including Weisenburger v. Central Foundry Div., General Motors Corp.

Relies on Zavatsky v. Stringer

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-03

View the full empirical analysis of this case →

Per Curiam.

¶1The Zavatsky and Statler Hilton Hotels cases, swpra, were appealed to this court (Nos. 78-76 and 78-241) and, subsequent to the certification of the present case to this court, a decision was rendered on December 7, 1978, reversing the judgments in those cases. In Zavatsky v. Stringer (1978), 56 Ohio St. 2d 386, this court held in the third paragraph of the syllabus as follows:

“The right of either the claimant or the employer to appeal to the Court of Common Pleas from a decision of the Industrial Commission which is ‘other than a decision as to the extent of disability’ is not affected by the fact that the claimant is receiving or will receive compensation or benefits for allowed injuries involving losses or impairments of bodily functions other than those which are the subject of the appeal. Such right of appeal may be exercised by either the claimant or the employer, regardless of whether the decision granting or denying the right to so participate is a part of the same order or is part of a prior order which also grants or denies a right to participate for other injuries involving loss or impairment of other bodily functions.”

¶2*4The present cause falls within the ambit of authority provided by this court’s holding in Zavatsky. The decision of the board of review affirming the order of the administrator herein is “other than a decision as to the extent of disability” and is therefore appealable to the Court of Common Pleas under R. C. 4123.519.

¶3The judgment of the Court of Appeals is affirmed.

¶4Judgment affirmed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Locher and Holmes, J J., concur.Sweeney, J., dissents.
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