Kaiser v. Ameritemps, Inc.

Francis E. Sweeney, Sr., J.

The court of appeals certified the following issue for our determination: “May a Workers’ Compensation claimant use Civ.R. 41(A)(1)(a) to voluntarily dismiss an appeal to the court of common pleas brought by an employer appealing an adverse decision by the Industrial Commission pursuant to R.C. 4123.512?” For the following reasons, we answer the certified question in the affirmative. A workers’ compensation claimant may employ Civ.R. 41(A)(1)(a) to voluntarily dismiss an appeal to the court of common pleas brought by an employer under R.C. 4123.512.

Initially,…