State ex rel. Hamlin v. Industrial Commission

This controversy was generated by the commission’s denial of claimant’s workers’ compensation claim. No one disputes that the commission’s decision involves claimant’s “right to participate” in the workers’ compensation program and is, therefore, appealable. Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175. Underlying this dispute is a single question: Has claimant’s time for appeal to the common pleas court run?

Claimant’s death moots that inquiry. Admittedly, the procedural issue before this court was initiated by the employer, and, as a general rule, an employee’s death does not…