2004 Ohio 5095 | Ohio Ct. App. | 2004
{¶ 2} Defendant-appellant, Better Brake Parts, Inc., (hereinafter, "appellant"), appeals from an order of the Common Pleas Court of Allen County denying appellant's motion for judgment as a matter of law for failure of plaintiff-appellee, David Goodwin ("Goodwin"), to prosecute his workers' compensation claim in a timely fashion. The trial court, however, determined that it lacked jurisdiction to decide the matter and denied appellant's motion.
{¶ 3} This case arises from an alleged back injury sustained by Goodwin on April 3, 2001, while working for appellant. Goodwin, thereafter, filed an application to participate in Ohio's Workers' Compensation Fund ("Fund"). In November 2001, the Industrial Commission of Ohio ("Commission") granted Goodwin participation in the Fund. Appellant, pursuant to R.C.
{¶ 4} Before the matter proceeded to trial, however, Goodwin, on October 18, 2002, filed a notice of voluntary dismissal of his complaint. See Civ.R. 41(A)(1)(a).1 Goodwin's complaint was, therefore, dismissed without prejudice. Pursuant to Ohio's Savings Statute, R.C.
{¶ 5} It is from this judgment which appellant now appeals and sets forth one assignment of error for our review.
{¶ 6} In its assignment of error, appellant maintains that the trial court erred in concluding that it did not have jurisdiction to decide appellant's motion for judgment as a matter of law. Appellant specifically maintains that because Goodwin failed to refile his complaint within the one year time period provided by Ohio's savings statute, R.C.
{¶ 7} At the outset, we note that in reaching our decision, we have taken into account the Ohio Supreme Court's decision inKaiser v. Ameritemps, Inc. (1999),
{¶ 8} Neither Kaiser nor Young resolve the issue pertinent to this appeal, i.e., "[s]hould a claimant neglect to refile within one year, how does the employer proceed with the appeal?"3 See Kaiser, supra at 416-17, (Lundberg-Stratton, J., dissenting). In order to resolve this issue, we must determine whether the trial court retains jurisdiction over the employer's appeal so that it may enter judgment in favor of an employer after a claimant fails to refile his complaint within the one year period provided by R.C.
{¶ 9} This issue has been addressed by the Eighth District Court of Appeals in Rice v. Stouffer Foods Corp. (November 6, 1997), 8th Dist. No. 72515. The facts and issues pertaining to the instant appeal are nearly identical to those in Rice. We, therefore, find Rice to be applicable and persuasive to the case sub judice.
{¶ 10} In Rice, the Eighth District Court of Appeals held that:
Unlike a typical civil action, the filing of a complaint in aworkers' compensation matter does not "commence" the action andconfer jurisdiction. * * * In a workers' compensation appeal:
Under Section
{¶ 11} Accordingly, Goodwin's failure to refile his complaint within the one year time period provided by R.C.
{¶ 12} Having found error prejudicial to appellant herein, in the particulars assigned and argued, we reverse the judgment of the trial court and remand the matter for further proceedings consistent with this opinion.
Judgment Reversed and Cause Remanded. Shaw, P.J. and Bryant, J., concur.