54 Ohio St. 2d 369 | Ohio | 1978
The issue presented in this appeal is whether the order of the commission finding appellant to be permanently and totally disabled “but not due to the [prior] allowed injury” constitutes an appealable order.
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 decision as to the extent of disability, to the court of common pleas * *
In a series of cases interpreting R. C. 4123.519, it has been held that “* * * it is an order constituting a ‘denial that is absolute going to the basis of claimant’s right’ that is appealable.” Reeves v. Flowers (1971), 27 Ohio St. 2d 40, 43, 271 N. E. 2d 769; State, ex rel. Mansour, v. Indus. Comm. (1969), 19 Ohio St. 2d 94, 249 N. E. 2d 775; State, ex rel. Campbell, v. Indus. Comm. (1971). 28 Ohio St. 2d 154, 277 N. E. 2d 219; State, ex rel. General Motors Corp., v. Indus. Comm. (1975), 42 Ohio St. 2d 278, 328 N. E. 2d 387; State, ex rel. Commercial Motor Freight, v. Stebbins (1975), 42 Ohio St. 2d 389, 329 N. E. 2d 102; State, ex rel. General Motors, v. Indus. Comm. (1975), 44 Ohio St. 2d 46, 337 N. E. 2d 782; Ford Motor Co. v. Mosijowsky (1975), 44 Ohio St. 2d 109, 338 N. E. 2d 762; Mooney v. Stringer (1976), 48 Ohio St. 2d 375, 358 N. E. 2d 612.
Inasmuch as appellant’s right; to participate in the
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
