Copeland v. Administrator, Bureau of Workers' Compensation
949 N.E.2d 1046
Ohio Ct. App.2011Background
- Copeland sustained a work injury in 1977 with a workers' compensation claim allowed for specified left knee conditions.
- On January 17, 2006, Copeland filed a C-9 request for payment of additional treatment.
- On April 12, 2006, Copeland filed a C-86 for additional allowance for osteoarthritis and chondromalacia patellae of the left knee.
- Copeland filed a C-86 again on September 9, 2009 seeking determination on the Jan. 17 claim and payment of medical bills; he also refiled the April 12 C-86.
- The district hearing officer denied the requests, affirmed by the staff hearing officer; the Industrial Commission refused to hear the appeal.
- The trial court granted summary judgment for the Administrator, holding the claim expired under R.C. 4123.52; Copeland appealed and the court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Jan. 17, 2006 C-9 toll the statute? | Copeland argues the C-9 tolled the limitations period. | Employer contends tolling only occurs upon actual payment of medical bills. | Yes; the tolling rule applied, summary judgment reversed. |
| Are the subsequent C-86 claims timely under the tolling rule and 4123.52? | Copeland contends the C-86s filed during tolling were timely. | Employer asserts the claims were time-barred absent tolling viability. | Yes; reversal and remand for consideration of the C-86 claims. |
Key Cases Cited
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (Ohio 1996) (summary-judgment standards and Civ.R. 56)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (standard for reviewing summary judgments)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary-judgment prerequisites)
- Parsons v. Fleming, 68 Ohio St.3d 509 (Ohio 1994) (Civ.R. 56 standards; stated authority for summary judgment framework)