2023 Ohio 907
Ohio Ct. App.2023Background
- Brian D. Smith prevailed administratively on a BWC claim; his employer SOCI appealed under R.C. 4123.512, commencing a workers’ compensation judicial action in the Hamilton County Court of Common Pleas.
- Claimants in such judicial actions must file a petition within 30 days showing entitlement to participate in the fund and bear the burden to prove that entitlement by a preponderance of the evidence.
- The trial court dismissed the judicial action for failure to prosecute on April 20, 2016. Smith filed motions for "reconsideration" and a Civ.R. 60(B) motion supported by affidavits.
- Smith appealed (Smith I). This court issued a limited remand to allow the trial court to rule on the Civ.R. 60(B) motion, but the trial court did not rule during the remand; the appellate court then affirmed the dismissal based on the record before the trial court and did not consider the 60(B) materials.
- Years later (April 2022) the trial court declined to rule on Smith’s post-appeal Civ.R. 60(B) motion, stating it lacked jurisdiction absent an appellate remand. Smith appealed that jurisdictional ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked jurisdiction to decide Smith’s Civ.R. 60(B) motion in April 2022 | Smith: no appeal was pending in 2022, so the common pleas court had regained jurisdiction and could rule on the 60(B) motion based on new evidence | BWC/trial court: the court lacked jurisdiction to grant relief absent a remand from the appellate court | Court: trial court erred — once all appeals were final, the trial court had jurisdiction to entertain the post-appeal Civ.R. 60(B) motion |
Key Cases Cited
- Howard v. Catholic Social Servs., 70 Ohio St.3d 141 (1994) (notice of appeal divests trial court of jurisdiction over matters involved in the appeal)
- Lambda Research v. Jacobs, 170 Ohio App.3d 750 (2007) (appeal confers jurisdiction on court of appeals and limits trial court action)
- Bennett v. Adm'r, Ohio Bur. of Workers' Comp., 134 Ohio St.3d 329 (2012) (claimant bears burden to prove entitlement to participate in workers' compensation fund)
- State ex rel. Target Auto Repair v. Morales, 168 Ohio St.3d 88 (2022) (while an appeal is pending, a remand can confer jurisdiction on the trial court to consider a Civ.R. 60(B) motion)