Cadle v. General Motors Corp.

Decision Date14 January 1976
Docket NumberNo. 75-77,75-77
Citation45 Ohio St.2d 28,340 N.E.2d 403,74 O.O.2d 50
Parties, 74 O.O.2d 50 CADLE, Appellee, v. GENERAL MOTORS CORPORATION, Appellant.
CourtOhio Supreme Court

Syllabus by the Court

1. The mandatory appeal requirements of R.C. 4123.519 provide the only manner in which an appeal of a decision of the Industrial Commission to the Court of Common Pleas may be perfected, and such provisions are jurisdictional and must be strictly and fully complied with in order to vest jurisdiction in the Court of Common Pleas.

2. R.C. 4123.519 does not authorize an appeal to the Court of Common Pleas from a decision of the Industrial Commission refusing to entertain an appeal from a regional board of review, and where a notice of appeal to the Court of Common Pleas state the fact that such a decision of the Industrial Commission, refusing an appeal from a board of review, is being appealed, the notice of appeal is fatally defective and fails to confer jurisdiction on the Court of Common Pleas, notwithstanding the fact that the Industrial Commission's order refers to the decision of the regional board of review and the date thereof.

The plaintiff-appellee, George R. Cadle, Jr., an employee of the defendant-appellant, General Motors Corporation, Cleveland Chevrolet Division, filed an application for compensation with the Bureau of Workmen's Compensation, alleging that, on April 28, 1972, he sustained injuries as a result of an accident sustained in the course and scope of his employment.

On September 20, 1972, the deputy administrator disallowed the claim. This decision was subsequently affirmed by the Cleveland Regional Board of Review on March 30, 1973. The Industrial Commission refused to review the board's affirmance, issuing its decision on July 17, 1973.

On September 12, 1973, the appellee herein filed his notice of appeal with the Court of Common Pleas of Cuyahoga County, pursuant to R.C. 4123.519. In response to that appeal, the appellant herein filed a motion to dismiss for the reason that the appellee had appealed the decision of the Industrial Commission refusing his appeal, and thereby failed to invoke the jurisdiction of the court, pursuant to R.C. 4123.519.

The Court of Common Pleas granted the motion to dismiss and dismissed the appeal. Appellee then appealed that decision to the Court of Appeals for Cuyahoga County.

The appellee conceded in the Court of Appeals that no appeal may be taken from the Industrial Commission's refusal to review and that the only appeal lies from the decision of the regional board of review, pursuant to R.C. 4123.519. However, appellee maintained that his notice of appeal was formally sufficient to invoke jurisdiction in the court below.

The Court of Appeals reversed the judgment of the Court of Common Pleas on the basis that notice of appeal, although imprecisely drafted, did contain all the necessary statutory information.

The cause is now before this court pursuant to the allowance of appellant's motion to certify the record.

McDonnell & Sweeney and Daniel P. McDonnell, Cleveland, for appellee.

Baughman & Hayes and Thomas P. Hayes, Cleveland, for appellant.

William. J. Brown, Atty. Gen., and James A. Ciocin, Cleveland, for Bureau of Workmen's Compensation.

J. J. P. CORRIGAN, Justice.

R.C. 4123.519 provides in part:

'The claimant or the employer may appeal a decision of the industrial commission in any injury case, other than a decision as to the extent of disability, to the court of common pleas of the county in which the injury was inflicted or in which the contract of employment was made if the injury occurred outside the state. Like appeal may be taken from a decision of a regional board from which the commission has refused to permit an appeal to the commission provided that the claimant may take an appeal from a decision of the administrator on application for reconsideration or from a decision of a regional board. Notice of such appeal shall be filed by the appellant with the commission and the court of common pleas within sixty days after the date of the receipt of the decision appealed from or the date of receipt of the order of the commission refusing to permit an appeal from a regional board of review. Such filings shall be the only required to perfect the appeal and vest jurisdiction in the court.

'Notice of appeal shall state the names of the claimant and the employer, the number of the claim, the date of the decision appealed from, and the fact that the appellant appeals therefrom. * * *' (Emphasis added.)

In Starr v. Young (1961), 172 Ohio St. 317, 175 N.E.2d 514, this court considered a defective notice of appeal filed pursuant to R.C. 4123.519, the appeal provisions of the Workmen's Compensation Act, and stated:

'This is a special statute applying to appeals from decisions of the Industrial Commission and controls over general statutes covering appellate procedure. The above-quoted mandatory provisions are jurisdictional and must be strictly complied with.'

In Parker v. Young (1961), 172 Ohio St. 464, 178 N.E.2d 798, this court had occasion to deal with the same question now before us. The court, in Parker, determined that R.C. 4123.519 was clear on its face in that it provided for an appeal from a decision of the Industrial Commission and an appeal from a decision of the regional board of review to the Court of Common Pleas when an appeal is refused by the commission.

The court, in Parker, supra, cited a decision of the Court of Appeals for Franklin County in Gordon v. Young (1960), 113 Ohio App. 81, 173 N.E.2d 373 (motion to certify the record overruled, January 11, 1962; appeal...

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