Measles v. Industrial Commission

{¶ 1} The Ohio Industrial Commission and the Ohio Bureau of Workers’ Compensation (“BWC”) appeal from a decision of the Eighth District Court of Appeals finding that plaintiffs-appellees’ claim for restitution under a contract for lump-sum advancement was a claim in equity, not law, and therefore could properly proceed before the common pleas court.

{¶ 2} We are asked to determine whether appellees’ claim for restitution sounds in equity or in law. If the claim is equitable, it may be brought in a court of common pleas. However, if the claim is a claim at law for money damages, the Court of…