HOLMES v. CRAWFORD MACHINE, INC.

No. 2011-2040.

134 Ohio St.3d 303 (2012)

2012-Ohio-5380

HOLMES, Appellant, v. CRAWFORD MACHINE, INC., ET AL., Appellees.

Supreme Court of Ohio.

Decided November 27, 2012.


Attorney(s) appearing for the Case

Nager, Romaine & Schneiberg Co., L.P.A., Jennifer L. Lawther , Jerald A. Schneiberg , and Stacy M. Callen , for appellant.

Oldham Kramer and Barbara A. Knapic , for appellee Crawford Machine, Inc.

Michael DeWine , Ohio Attorney General, and Alexandra T. Schimmer , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor, Elisabeth A. Long , Deputy Solicitor, and Kevin J. Reis and Colleen C. Erdman , Assistant Attorneys General, for appellee Bureau of Workers' Compensation.

Philip J. Fulton Law Office, Philip J. Fulton , and Chelsea J. Fulton , urging reversal for amici curiae Ohio Association of Claimants' Counsel and Ohio Association for Justice.

Oldham Kramer and Barbara A. Knapic , urging affirmance for amicus curiae Ohio Manufacturers' Association.

Garvin & Hickey, L.L.C., Preston J. Garvin , and Michael J. Hickey , urging affirmance for amicus curiae Ohio Chamber of Commerce.

Bricker & Eckler, L.L.P., and Thomas R. Sant , urging affirmance for amicus curiae Ohio Chapter of the National Federation of Independent Business.

Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor , urging affirmance for amicus curiae Ohio Self-Insurers Association.


McGEE BROWN, J.

{¶ 1} In this case, we are asked to resolve a conflict between the Third and Tenth District Courts of Appeals. The issue is whether after a claimant's right to participate in the workers' compensation fund has been established, a trial court abuses its discretion under R.C. 4123.512(F) when it awards the claimant his or her costs related to the conditions for which the trier of fact determined the claimant was ineligible...

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