Holmes v. Crawford Machine, Inc.

{¶ 1} In this case, we are asked to resolve a conflict between the Third and Tenth District Courts of Appeals. The issue is whether after a claimant’s right to participate in the workers’ compensation fund has been established, a trial court abuses its discretion under R.C. 4123.512(F) when it awards the claimant his or her costs related to the conditions for which the trier of fact determined the claimant was ineligible to participate in the fund. We hold that when a claimant’s right to participate in the workers’ compensation fund is established on appeal, R.C. 4123.512(F) requires the…