May Employer Appeal Industrial Commission's Refusal to Reopen Worker's Approved Claim Based on Alleged Fraud?
Diazonia Benton v. Hamilton County Educational Service Center and Administrator, Ohio Bureau of Workers' Compensation, Case nos. 2008-1946 and 2008-1949
1st District Court of Appeals (Hamilton County)
ISSUE: When an employee's claim for workers' compensation benefits has been granted and her employer does not file a timely appeal of the final order approving her right to participate (receive benefits), if the Industrial Commission later denies a motion by the employer to re-open the employee's case based on a claim of fraud, does the employer have a legal right to appeal the commission's ruling in common pleas court?