Harmon v. Cuyahoga Cty.
2017 Ohio 8662
| Ohio Ct. App. | 2017Background
- Linda Harmon, a Cuyahoga County STNA, injured her lower back at work in July 2012 and filed a workers’ compensation claim; the BWC allowed disc aggravation, major depressive disorder, and later a lumbar sprain.
- Appellant (Cuyahoga County) contested the additional sprain allowance; administrative rulings in Harmon’s favor were ultimately refused for further administrative review, and Harmon filed a common-pleas action that was voluntarily dismissed in 2014.
- Harmon recommenced the action in 2015; the parties purportedly agreed to a $32,500 settlement and the case was dismissed in December 2015.
- After retaining new counsel in 2016, Harmon moved to set aside the settlement; appellant moved to enforce it. The trial court granted Harmon’s motion, dismissed the case with prejudice, and ordered costs to appellant.
- Harmon then sought attorney fees under R.C. 4123.512(F). The trial court awarded $3,800; appellant appealed, arguing Harmon was ineligible for statutory fees and the award amount was excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harmon may recover attorney fees under R.C. 4123.512(F) despite already participating in the fund | Harmon: Fees are available because the trial court’s final determination preserved her right to continue participating in the fund | County: Harmon already participated in the fund, so counsel did not ‘secure’ the participation right; fees are inappropriate | Court: Fees allowed — statute covers any legal proceeding where claimant’s right to participate or continue participation is established on final determination |
| Whether a claimant who initiates proceedings (files to set aside settlement) is barred from recovering R.C. 4123.512(F) fees | Harmon: The statute applies to any legal proceeding, not only defenses to employer-initiated appeals | County: Because Harmon filed first, she wasn’t forced to defend and thus should not get statutory fees | Court: Rejected County’s position; statute is not limited to cases where claimant defends against employer/commission appeals |
| Whether the trial court abused its discretion in awarding $3,800 in attorney fees given counsel’s time records and credibility | Harmon: Submitted a time schedule (19 hours) and testified; parties stipulated $200/hour was reasonable; requested $4,200 then reduced to $3,800 at hearing | County: Time entries were reconstructed from memory, no contemporaneous timekeeping, included cancelled hearings, and counsel’s work on a short brief was overstated | Court: No abuse — trial court credited counsel’s testimony, record contains supporting time schedule, and award is supported by competent evidence |
| Whether trial court lacked jurisdiction to award fees after dismissal/settlement | Harmon: Final court determination establishing right to continue participation triggers fee statute; dismissal with prejudice does not divest fee authority | County: Settlement/dismissal precludes fee award | Court: Statute permits fee awards upon final determination; dismissal with prejudice can still support fees under R.C. 4123.512(F) |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for abuse of discretion)
- Holmes v. Crawford Machine, Inc., 134 Ohio St.3d 303 (Ohio 2012) (R.C. 4123.512(F) fee-setting must reflect effort expended and fee caps)
- Kilgore v. Chrysler Corp., 92 Ohio St.3d 184 (Ohio 2001) (fees must relate to services lawyers traditionally charge clients)
- Schuller v. United States Steel Corp., 103 Ohio St.3d 157 (Ohio 2004) (R.C. 4123.512(F) awards must be reasonable and necessary)