2018 Ohio 3706
Oh. Ct. App. 4th Dist. Washing...2018Background
- Janice Jackson alleged a work-related back injury and appealed an Industrial Commission denial to the Washington County Court of Common Pleas (case 16WC177). She timely filed a notice of appeal on June 30, 2016 but filed her complaint 42 days later (August 11, 2016), missing the 30‑day deadline in R.C. 4123.512(D).
- Employer American Bulk Commodities moved to dismiss for the late complaint. Jackson instead filed a Civ.R. 41(A)(1) Notice of Voluntary Dismissal (stating the dismissal “terminates this case”), and the court later closed 16WC177.
- Within one year Jackson refiled both a notice of appeal and a complaint in a new case (17WC126) on June 5, 2017. Employer moved to dismiss the refiled action as untimely, arguing the original complaint’s untimeliness barred use of the savings statute and that a notice of appeal cannot be voluntarily dismissed.
- The trial court granted employer’s motion and dismissed 17WC126. Jackson appealed. The Fourth District reversed, holding Jackson’s Civ.R. 41(A)(1) dismissal terminated the entire action (including the timely notice of appeal) and that R.C. 2305.19 (the savings statute) permitted refiling of the notice of appeal and complaint within one year.
- The appellate court remanded, concluding Jackson’s refiled notice and complaint were timely under the savings statute; one judge dissented, arguing Civ.R. 41(A)(1) does not dismiss a notice of appeal and the savings statute does not apply to notices of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jackson’s Civ.R. 41(A)(1) voluntary dismissal terminated only the complaint or the entire appeal (notice of appeal) | Jackson: dismissal was of the action and thus terminated the appeal; she refiled within one year | ABC: Civ.R. 41(A)(1) dismisses claims in the complaint only; no authority permits voluntary dismissal of a notice of appeal | Court: Dismissal terminated the entire action (notice of appeal included) given the language and docket history; plaintiff dismissed the appeal. |
| Whether R.C. 2305.19 (savings statute) can be used to refile a workers’ compensation notice of appeal | Jackson: savings statute applies; she refiled notice and complaint within one year so complaint is timely | ABC: savings statute does not apply to notices of appeal; untimely original complaint cannot be cured | Court: Savings statute applies here; refiled notice was within one year so plaintiff had 30 days from refile to file complaint; refiled complaint was timely. |
| Whether the trial court abused its discretion in dismissing the refiled complaint | Jackson: dismissal was improper because refiled complaint was timely under R.C. 2305.19 and R.C. 4123.512 | ABC: dismissal proper because notice/complaint were untimely and plaintiff offered no excusable neglect | Court: Trial court abused discretion; dismissal reversed and case remanded. |
| Whether the untimely original complaint prejudices employer or bars refiling | Jackson: no prejudice; refiling under savings statute cures timing | ABC: original untimeliness forecloses relief; savings statute inapplicable | Court: No prejudice shown; refile permitted under savings statute. |
Key Cases Cited
- Lewis v. Connor, 21 Ohio St.3d 1, 487 N.E.2d 285 (Ohio 1986) (savings statute applies to workers' compensation complaints filed in common pleas after timely notice of appeal)
- Robinson v. B.O.C. Group, Gen. Motors Corp., 81 Ohio St.3d 361, 691 N.E.2d 667 (Ohio 1998) (claimant bears burden to prove entitlement in common pleas workers' comp appeal)
- Zuljevic v. Midland-Ross Corp., 62 Ohio St.2d 116, 403 N.E.2d 986 (Ohio 1980) (discussing claimant's burden and dismissal for failure to prosecute in compensation appeals)
- Spencer v. Freight Handlers, Inc., 131 Ohio St.3d 316, 964 N.E.2d 1030 (Ohio 2012) (under R.C. 4123.512, filing the notice of appeal is the only act required to perfect the appeal)
- Pembaur v. Leis, 1 Ohio St.3d 89, 437 N.E.2d 1199 (Ohio 1982) (standard for appellate review of voluntary-dismissal/dismissal-for-failure-to-prosecute decisions)