What to Expect

Court Actions


Ohio Workers’ compensation law provides that the claims adjudication process can continue up into the court system. Once a party has exhausted their administrative remedies (see the hearings process in this site) the next step is to seek relief and/or a remedy in the court system of Ohio. Depending on the type of issue presented in the administrative arena, a party can initiate an action in the Common Pleas Court, or in the Court of Appeals.

In certain cases known as “right to participate issues” a party would file an appeal in the Common Pleas Court of the County where the injury took place. If the injury happened out of state, then other rules apply, like where the contract for hire was entered into or perhaps where the injured worker's residence is. In occupational disease claims there are special ruoles concerning where the "exposure" took place that determine what county in which to file a court action. The bottom line is at this stage of the claim appeal process, an attorney who practices in Ohio workers compensation would serve you best.

The most common type of “right to participate” issues are the initial allowance of the claim itself (at the very beginning) or amending the claim to include additional medical conditions. These issues would be filed in Common Pleas Court. There a jury of 8 people would hear and decide the case. These are commonly called trials, and are more-fully discussed herein.

In certain, more complex issues, the law has found that juries might not be the best arbiter of the matter at hand. Instead, the law relies on the knowledge and expertise of the Court of Appeals to handle the question. The most common type of issue in these cases are “extent of disability” questions. It is not a question of whether one can participate in the workers’ comp system, but how much. Some common examples of this would be whether to grant disability benefits, or approve payment of medical bills. These require a bit more expertise (and patience) than what a jury might be able to provide, and as a result, the law requires the Court of Appeals to address them. These are called Mandamus Actions, and are more-fully discussed herein.


Gibson Law Offices
Main Office: 545 Helke Road, Vandalia, Ohio 45377 | Phone: (937) 264-1122 | Fax: (937) 264-0888
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