R. C. 4123.519 provides, in part:
“The claimant or the employer may appeal a decision of the Industrial Commission in any injury case, other than a dеcision as to the extent of disability, to the Court of Common Pleas of the county in which the injury was inflicted or in which the contract of employment was made if the injury occurred outside the state. IAke. appeal may he taken from a decisiоn of a regional hoard from which the commission has refused to permit an appeal to the commission providеd that the claimant may take an appeal from a decision of the administrator on application for reconsideration or from a decision of a regional board. Notice
“Notice of appeal shall state the names of the claimant and the employer, thе number of the claim, the date of the decision appealed from, and the fact that the appellant appeals therefrom. * * *” (Emphasis added.)
In Starr v. Young (1961),
“This is a special statute applying to appeals from decisions of the Industrial Commission and controls over general statutes covering appellate prоcedure. The above-quoted mandatory provisions are jurisdictional and must be strictly complied with. ’ ’
In Parker v. Young (1961),
The court, in Parker, supra, cited a decision of the Cоurt of Appeals for Franklin County in Gordon v. Young (1960),
Appellee does not dispute that a notice of appeal which fails to state (1) the date of the decision appealed from, and (2) the fact that the appellant appeals therefrom, is defective and fails to confer jurisdiction on the Court of Common Pleas. Appellee maintains, however, that his notice of appeal, although ambiguous, does contain all the formal statutory requisites to invoke the jurisdiction of the Court оf Common Pleas.
Appellee’s notice of appeal to the Court of Common Pleas reads as follows:
“The claimant-appellant, George R. Cadle, Jr., states that on April 28,1973 he was an employee of General Motors Corрoration, Cleveland Chevrolet Division, the defendant, and that on that day he sustained an injury and that the Bureau of Workmen’s Compensation assigned the following claim number to this injury: 501090-22.
“On July 17, 1973 the Industrial Commission of Ohio made a decision in this claim as follows:
“ ‘It is ordered that the appeal filed April 11, 1973 by the claimant from the order made March 30, 1973 by the Cleveland Regional Board of Review bе refused and that copies of this order be mailed this day to all interested parties.’
“This decision the claimant-apрellant appeals to the Court of Common Pleas.”
Appellee maintains, in effect, that this notice is formally sufficient because it contains the complete order of the Industrial Commission refusing the appeal, which makes referеnce to the decision of the Cleveland Regional Board of Review and the date thereof. We disagree.
The nоtice of appeal clearly indicates that it is the July 17, 1973, order of the Industrial Commission that is being appealed to the Court of Common Pleas. The fact that the Industrial Commission’s order refers to the decision of the Cleveland Regional Boаrd of Review and the date thereof serves in no way to confer jurisdiction on
If this determination seems harsh, it must be borne in mind that a litigant has no inherent right of appeal in this area and that the statutory enactment of the Workmen’s Compensation Act creatеd a special right of appeal where none existed before, and “[w]here a statute confers the right of appeal, adherence to the conditions thereby imposed is essential to the enjoyment of the right conferred.” American Restaurant & Lunch Co. v. Glander (1946),
In the present case, E. C. 4123.519 does not authorize an appeal to the Court of Common Pleas from an order of thе Industrial Commission refusing to permit an appeal from a regional board of review. The record establishes that aрpellee’s notice of appeal was defective in this respect.
The judgment of the Court of Appeals, rеversing the Court of Common Pleas’ dismissal of the appeal and remanding the case for further proceedings, must, therefore, be reversed, and the judgment of the Court of Common Pleas dismissing the appeal is reinstated.
Judgment reversed.