Gregory v. Ohio Bureau of Workers' Compensation

Peggy Bryant, Judge.

Defendant-appellant, Bureau of Workers’ Compensation, appeals from a judgment of the Franklin County Court of Common Pleas granting the summary judgment motion of plaintiff-appellee, Brian Gregory, on his claim that defendant has no subrogation rights under R.C. 4123.93 in the settlement of plaintiffs claim against a third-party tortfeasor.

On August 22, 1995, plaintiff filed a complaint in the Franklin County Common Pleas Court seeking a declaratory judgment regarding defendant’s rights to subrogation under R.C. 4123.93. The facts undisputed in the trial court reveal that…