Appeals To Court

After all appeals have been exhausted at the Ohio Industrial Commission, an injured worker often asks, "what's next?" Allowance of the claim or additional conditions requested in your claim will be heard by the Court of Common Pleas. These are called right-to-participate issues. Decisions dealing with treatment for your injuries or benefits will usually require filing a case in the 10th District Court of Appeals in Columbus. These are called extent-of-disability questions.

Any party to the claim may appeal. For right-to-participate questions, the case is generally heard in the Court of Common Pleas in the county where the injury occurred. However, this can change depending on the facts of your case. The appeal to the Common Pleas Court is de novo, meaning that the court will hear the evidence without considering the prior decisions of the Industrial Commission. This is a trial and a more formal proceeding than the administrative hearings in front of the Ohio Industrial Commission.

Decisions dealing with extent-of-disability questions require the filing of a case in the 10th District Court of Appeals in Columbus seeking a writ of mandamus. Mandamus means to command the Industrial Commission to do its duty.

The attorneys at Fox & Fox handle these matters personally. Our attorneys aggressively advocate for our clients and have been successful at the trial level and the appeals level in getting injured workers the benefits and compensation they deserve. We litigate multiple bench and jury trials each year in counties throughout Southwestern Ohio, including Hamilton, Clermont, Butler, Warren and others. Our attorneys have successfully argued appeals to various Ohio Courts of Appeal and the Ohio Supreme Court.