State of Ohio et al. v. Shannon Ferguson, Case No. 2015-1975
Eighth District Court of Appeals (Cuyahoga County)
- Did the General Assembly violate the constitutional rights of injured workers when it adopted a "consent provision" that requires employer consent before an employee may dismiss an appeal and refile the appeal up to a year later, while all that time receiving Ohio Bureau of Workers' Compensation benefits?
- Is the consent provision, R.C. 4123.512(D), a "substantive" law that would trump a "procedural" rule developed by the Ohio Supreme Court, or is it procedural, which would mean the Ohio Rules of Civil Procedure would govern the matter?