Robinson v. B.O.C. Group

The issue certified is as follows:

“When an employer has appealed a decision of the Industrial Commission to a court of common pleas under R.C. 4123.512, can the court of common pleas subsequently grant a motion to voluntarily dismiss the employee’s complaint without prejudice under Civ.R. 41(A)(2)?”

R.C. 4123.512(A) provides that “[t]he claimant or the employer may appeal an order of the industrial commission * * * to the court of common pleas * *

*363R.C. 4123.512(D) provides:

“The claimant shall, within thirty days after the filing of the notice of appeal, file a petition containing a statement of…