State Ex Rel. B & C MacHine Co. v. Industrial Commission

The underlying issue in this appeal is whether the commission had the authority to vacate and reconsider its 1989 order denying additional benefits to Sylvia Holik. For the reasons that follow, we find that the commission had such authority. We further hold that the commission’s January 17, 1990 decision is in accordance with law.

As a threshold matter, we note that appellant essentially concedes that the Summit County Court of Common Pleas did not have subject-matter jurisdiction to address the merits of Sylvia’s R.C. 4123.519 appeal but, nevertheless, contends, citing various cases, that the…