CADDELL v. OHIO BUR. OF WORKERS' COMP.

No. 93-1600.

71 Ohio St.3d 300 (1994)

CADDELL, APPELLANT, v. BUREAU OF WORKERS' COMPENSATION, APPELLEE.

Supreme Court of Ohio.

Decided December 23, 1994.


Attorney(s) appearing for the Case

Stewart Jaffy & Assoc. Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant and urging reversal for amici curiae, Ohio AFL-CIO and Ohio Academy of Trial Lawyers.

Lee I. Fisher, Attorney General, and Peter E. DeMarco, Assistant Attorney General, for appellee.


PFEIFER, J.

I

This court has never recognized the common-law-based cause of action for deprivation of due process. Assuming that such a tort exists, appellant in order to prevail would need to prove, at the very least, that he was deprived of due process. In the present case, appellant was not deprived of due process. A deprivation of procedural due process does not occur when a claimant is initially deprived of a hearing if a hearing is subsequently provided...

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