Fowee v. Wesley Hall, Inc.

{¶ 1} We are asked to consider whether the saving statute, R.C. 2305.19, which permits refiling within one year after dismissal of a case that failed otherwise than on the merits, applies to employee-claimant dismissals of employer-initiated appeals from orders of the Industrial Commission pursuant to R.C. 4123.512. We hold that R.C. 2305.19 applies for all employee-claimant petitions required to be filed pursuant to R.C. 4123.512(D).

I. Facts and Procedural History

{¶ 2} Appellee Bonnie R. Fowee was injured in the course and scope of her employment with appellant Wesley Hall, Inc. She filed a…