FOWEE v. WESLEY HALL, INC.

No. 2005-0272.

108 Ohio St.3d 533 (2006)

2006-Ohio-1712

FOWEE ET AL., APPELLEES, v. WESLEY HALL, INC., APPELLANT.

Supreme Court of Ohio.

Decided April 19, 2006.


Attorney(s) appearing for the Case

Clements, Mahin & Cohen, Co., L.P.A., and Edward N. Cohen, for appellee Bonnie R. Fowee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Elise W. Porter and Dianna K. Bond, Assistant Attorneys General, for appellee William Mabe, Administrator of Workers' Compensation.

Graydon, Head & Ritchey, L.L.P., and Amy Lippert, for appellant.


O'CONNOR, J.

{¶ 1} We are asked to consider whether the saving statute, R.C. 2305.19, which permits refiling within one year after dismissal of a case that failed otherwise than on the merits, applies to employee-claimant dismissals of employer-initiated appeals from orders of the Industrial Commission pursuant to R.C. 4123.512. We hold that R.C. 2305.19 applies for all employee-claimant petitions required to be filed pursuant to R.C...

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