Legal Opinion

Cristino v. Ohio Bureau of Workers' Compensation

Ohio Supreme Court

Decided May 7, 2008No. 2007-0152PublishedCited by 8 opinions

1Opinion of the CourtMoyer, C.J.

{¶ 1} This case requires us to revisit the distinction between legal and equitable claims of restitution. Pursuant to R.C. Chapter 2743, a civil claim against the state that requests only equitable relief may be heard in the courts of common pleas, whereas all other civil claims against the state fall within the exclusive, original jurisdiction of the Court of Claims. R.C. 2743.03(A)(1) and (A)(2). We hold that the present claim against the state is not an equitable claim of restitution and that the Cuyahoga County Court of Common Pleas therefore lacks subject-matter jurisdiction over the…

2Cases cited7 opinions

  1. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  2. Bowen v. MassachusettsSupreme Court of the United States · 1988
  3. Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise WellsCourt of Appeals for the Seventh Circuit · 2000
  4. Ohio Hospital Ass'n v. Ohio Department of Human ServicesOhio Supreme Court · 1991
  5. Santos v. Ohio Bureau of Workers' CompensationOhio Supreme Court · 2004

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3Cited by8 opinions

  1. San Allen, Inc. v. BuehrerOhio Court of Appeals · 2014
  2. Measles v. Industrial CommissionOhio Supreme Court · 2011
  3. Dharma Agrawal v. Carlo MontemagnoCourt of Appeals for the Sixth Circuit · 2014
  4. Barrow v. Vill. of New MiamiOhio Court of Appeals · 2018
  5. Cristino v. Ohio Bur. of Workers' Comp.Ohio Court of Appeals · 2014

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