State ex rel. Morrow v. Industrial Commission

Two questions are presented: (1) Does an adequate remedy at law exist? and (2) Did the commission abuse its discretion in disallowing the challenged conditions?

The first issue raised is quickly resolved. Only matters going to claimant’s right to participate or continue to participate in the workers’ compensation system are appealable under R.C. 4123.519. Afrates v. Lorain (1992), 63 Ohio *238St.3d 22, 584 N.E.2d 1175. Claimant’s right to participate in this case, however, is secondary to the question of the commission’s jurisdiction to address the compensability of the disputed conditions. This…