State ex rel. Foor v. Rockwell International

The only allowed condition in this claim is “right thoracic myositis.” Claimant asked the commission to formally recognize “bilateral radiculopathy” as an allowed condition. The commission refused.

Claimant did not prevail on appeal to the courts because they viewed the commission’s order as one involving extent of disability — a nonappealable order. R.C. 4123.512. They reached that conclusion by characterizing bilateral radiculopathy not as a “condition” — which would have made the commission’s order appealable on “right to participate” grounds — but as a “symptom.” This characterization,…