2021 Ohio 4365
Ohio Ct. App.2021Background
- Diana Chatfield was injured at work on August 23, 2014; her claim was allowed for a right biceps tendon tear.
- Whirlpool paid medical benefits and a permanent partial disability award (PPD); the last medical payment was made September 28, 2015.
- On June 19, 2019 Chatfield filed a C-86 motion seeking allowance of additional conditions (right shoulder sprain, superior labral tear, aggravation of AC arthropathy).
- The Industrial Commission denied the additional-conditions request; Chatfield appealed to the Marion County Common Pleas Court on May 18, 2020.
- Whirlpool moved for summary judgment asserting the five-year limitation in R.C. 4123.52 expired on September 28, 2020 (five years after the last payment). The trial court granted summary judgment for Whirlpool; the magistrate’s contrary recommendation was overruled.
- The Third District Court of Appeals affirmed, holding the mere filing of the C-86 did not toll the five-year limitation and the claim lapsed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a C-86 to add conditions tolled the five-year R.C. 4123.52 limitation on the original claim | Chatfield: the June 2019 C-86 should be treated (explicitly or implicitly) like a C-9/application for additional treatment/compensation and thereby toll the five-year period | Whirlpool: the statute requires payment to extend the life of the claim; last payment was 9/28/2015, so the claim expired 9/28/2020; mere filing is insufficient to toll | Court: filing the C-86 alone did not toll R.C. 4123.52; without a payment during the five-year period the claim lapsed and Industrial Commission lacked jurisdiction; summary judgment for Whirlpool affirmed |
Key Cases Cited
- State ex rel. General Refractories Co. v. Indus. Comm. of Ohio, 44 Ohio St.3d 82 (1989) (addressed how far benefits could be backdated under a two-year limitation).
- State ex rel. Drone v. Indus. Comm., 93 Ohio St.3d 151 (2001) (interpreting scope of General Refractories on retroactivity).
- Sechler v. Krouse, 56 Ohio St.2d 185 (1978) (claimant must timely invoke Industrial Commission’s continuing jurisdiction).
- State ex rel. Romans v. Elder Beerman Stores, Inc., 100 Ohio St.3d 165 (2003) (R.C. 4123.52 permits extinguishment of claims after a period of inactivity).
- Bennett v. Admr., Ohio Bur. of Workers’ Comp., 134 Ohio St.3d 329 (2012) (de novo appeal in common pleas court places all elements of participation in the fund at issue).
- Copeland v. Bur. of Workers’ Comp., 192 Ohio App.3d 586 (2011) (appellate discussion of claim-continuation issues relied on by appellant).
- Nichols v. Ohio Collieries Co., 75 Ohio App. 474 (1944) (addressed a predecessor statute to R.C. 4123.52).