Clemons v. Ohio Bur. of Workers' Comp.
2014 Ohio 1259
Ohio Ct. App.2014Background
- Plaintiff Cornelius J. Clemons (pro se) sued the Ohio Bureau of Workers' Compensation (BWC), the Industrial Commission of Ohio (ICO), The Ohio State University Occupational Medicine West (OSU), Dr. Eric Schaub, and several named state employees seeking monetary damages under common-law theories (breach of contract, breach of fiduciary duty, intentional infliction of emotional distress) arising from his 2010 workers' compensation claim.
- The complaint recited the administrative history of claim no. 10-858586 (injury Oct. 1, 2010) and challenges various BWC/ICO rulings and medical-treatment/benefit decisions.
- Appellees moved to dismiss under Civ.R. 12(B)(1) (lack of subject-matter jurisdiction) and 12(B)(6) (failure to state a claim). The trial court dismissed the complaint with prejudice on August 5, 2013.
- The trial court held the common pleas court lacked jurisdiction over monetary claims against state agencies and that many of the asserted common-law claims were improper vehicles to challenge workers' compensation decisions.
- Clemons appealed; the Tenth District reviewed jurisdiction de novo and affirmed, holding the Court of Claims (not the common pleas court) has exclusive original jurisdiction for money claims against the State and for initial immunity determinations concerning state employees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common pleas court had jurisdiction over monetary claims against BWC, ICO, and OSU | Clemons sought damages in common pleas court for alleged wrongful handling of his workers' compensation claim | BWC/ICO/OSU argued claims against the State for money damages belong in the Court of Claims under R.C. 2743.02 | Held: Common pleas court lacked jurisdiction; Court of Claims has exclusive original jurisdiction over such state-money claims |
| Whether claims against state employees alleging misconduct must first be filed in Court of Claims for R.C. 9.86 immunity determination | Clemons sued individual state employees in their official capacities for damages | Defendants argued R.C. 2743.02(F) requires initial filing in Court of Claims to decide personal-immunity issues | Held: Court of Claims has exclusive jurisdiction to determine whether state employees are immune; common pleas court lacked authority |
| Whether common-law causes (breach of contract/fiduciary duty/intentional infliction of emotional distress) properly challenge workers' compensation rulings | Clemons asserted those tort/contract causes as remedies for alleged harm from benefit denials and handling of his claim | Defendants contended such claims are not proper vehicles to attack administrative workers' compensation decisions and, in any event, belong in Court of Claims | Held: Even assuming substantive invalidity of the common-law claims, the jurisdictional defect (Court of Claims exclusive jurisdiction) dispositively required dismissal; trial court’s merits analysis harmless error |
| Whether dismissal with prejudice for failure to state a claim was proper given jurisdictional defect | Clemons argued trial court erred and was prejudicial in dismissing all claims with prejudice | Defendants maintained dismissal was proper because claims failed and were jurisdictionally improper | Held: Dismissal on jurisdictional grounds was affirmed; any adjudication on the merits was unnecessary and harmless given lack of jurisdiction |
Key Cases Cited
- Volbers–Klarich v. Middletown Mgt., Inc., 125 Ohio St.3d 494 (2010) (rules on Civ.R. 12(B)(6)—sufficiency of complaint)
- Assn. for Defense of Washington Local School Dist. v. Kiger, 42 Ohio St.3d 116 (1989) (principles on motions to dismiss)
- State ex rel. Turner v. Houk, 112 Ohio St.3d 561 (2007) (standards for dismissal for failure to state a claim)
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (sufficiency-of-pleading standards)
- Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234 (2004) (Court of Claims exclusive jurisdiction for R.C. 9.86 immunity determinations)
- Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370 (2004) (same principle on R.C. 9.86 and jurisdiction)
- Thacker v. Bd. of Trustees of the Ohio State Univ., 35 Ohio St.2d 49 (1973) (OSU is an instrumentality of the State amenable to Court of Claims jurisdiction)
- State ex rel. Arcadia Acres v. Ohio Dept. of Job & Family Servs., 123 Ohio St.3d 54 (2009) (dismissal for failure to state a claim is an adjudication on the merits)
- Rosenshine v. Med. College Hosps., 165 Ohio App.3d 9 (2005) (Court of Claims has exclusive jurisdiction to determine R.C. 9.86 immunity)