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BENTON v. HAMILTON CTY. EDUCATIONAL SERV. CTR.

Nos. 2008-1946 and 2008-1949.

123 Ohio St.3d 347 (2009)

2009-Ohio-4969

BENTON ET AL., Appellants, v. HAMILTON COUNTY EDUCATIONAL SERVICE CENTER, Appellee.

Supreme Court of Ohio.

Decided September 29, 2009.

Attorney(s) appearing for the Case

Weber, Dickey & Bellman and Gregory W. Bellman Sr., for appellant Diazonia Benton.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Kimberly A. Olson, Deputy Solicitor, Elise Porter, Assistant Solicitor, and James M. Carroll, Assistant Attorney General, for appellant Bureau of Workers' Compensation.

Ennis, Roberts & Fischer Co., L.P.A. and David J. Lampe, for appellee.

Philip J. Fulton Law Office, William A. Thorman III, and Philip J. Fulton, urging reversal for amicus curiae, Ohio Association for Justice.

LANZINGER, J.

{¶ 1} We are asked to determine whether refusal by the Industrial Commission to find employee fraud in order to exercise continuing jurisdiction over a workers' compensation claim is a right-to-participate issue under R.C. 4123.512. We hold that it is not. Therefore, R.C. 4123.512 does not vest the court of common pleas with subject matter jurisdiction to hear this appeal from the Industrial Commission.

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