Benton v. Hamilton County Educational Service Center

{¶ 1} We are asked to determine whether refusal by the Industrial Commission to find employee fraud in order to exercise continuing jurisdiction over a workers’ compensation claim is a right-to-participate issue under R.C. 4123.512. We hold that it is not. Therefore, R.C. 4123.512 does not vest the court of common pleas with subject matter jurisdiction to hear this appeal from the Industrial Commission.

*348I. Case Background

{¶ 2} Diazonia Benton, an employee of Hamilton County Educational Service Center (“Hamilton ESC”), was injured in a motor vehicle accident on March 19, 2003. Benton filed a…