OHIO BUR. OF WORKERS' COMP. v. McKINLEY

No. 09 CO 3.

2010 Ohio 1006

Ohio Bureau of Workers' Compensation, Appellant, v. Jeffrey McKinley, et al., Appellees.

Court of Appeals of Ohio, Seventh District, Columbiana County.

Dated: March 15, 2010.


Attorney(s) appearing for the Case

Attorney Benjamin Crider, Attorney Lee Smith, 929 Harrison Avenue, Suite 300, Columbus, Ohio 43215, for Appellant.

Attorney T. Jeffrey Beausay, 495 South High Street, Suite 100, Columbus, Ohio 43215, (For Jeffrey McKinley), Attorney Gregory Brunton, Attorney D. Patrick Kasson, 65 East State Street, 4th Floor, Columbus, Ohio 43215, (For Heritage WTI, Inc.), for Appellees.

Judges: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite.


OPINION

VUKOVICH, P.J.

{¶1} Appellant Ohio Bureau of Workers' Compensation (OBWC) appeals from the Columbiana County Court of Common Pleas' decision dismissing its complaint against appellees Jeffrey McKinley and Heritage-WTI, Inc. on the basis that the subrogation claim was barred by the statute of limitations. The issue raised in this appeal is whether R.C. 4123.931 creates an independent or derivative right of subrogation for OBWC. We...

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