State ex rel. McSalters v. Mikus, 79-1623

• Decision Date: 14 May 1980
• Docket Number: No. 79-1623,79-1623
• Citation: 403 N.E.2d 1215,62 Ohio St.2d 162
• Parties: , 16 O.O.3d 197 The STATE ex rel. McSALTERS, Appellant, v. MIKUS, Judge, Appellee.
• Court: Ohio Supreme Court

Page 162

62 Ohio St.2d 162

403 N.E.2d 1215, 16 O.O.3d 197

The STATE ex rel. McSALTERS, Appellant, v. MIKUS, Judge, Appellee.

No. 79-1623.

Supreme Court of Ohio.

May 14, 1980.

Willie McSalters, relator-appellant herein, was injured while employed with the Ford Motor Company. A claim was allowed for a herniated disc. No appeal was taken therefrom.

Subsequently, appellant filed a motion with the Industrial Commission requesting a finding of permanent and total disability as a result of the earlier injury. The prior award was modified granting appellant the requested finding.

The employer, Ford, perfected an appeal to the Court of Common Pleas of Lorain County from the commission's award, obstensibly pursuant to R.C. 4123.519. The case was assigned to respondent-judge, appellee herein.

Appellee overruled appellant's motion to dismiss, which was based on an alleged lack of jurisdiction and the claim that the appeal involved a question as to the "extent of disability."

Appellant then instituted this action in the Court of Appeals seeking a writ of prohibition to restrain appellee from exercising any jurisdiction in the employer's appeal. The court granted appellee's motion to dismiss, holding that "(i)t is the right of the trial court to determine whether it has jurisdiction to proceed by virtue of the nature of the appeal vis-a-vis R.C. 4123.519. The proper procedure is to then appeal the final determination."

The cause is now before this court upon an appeal as of right.

Fontana, Ward & Kaps, William J. Melvin and Robert L. Bridges, Columbus, for appellant.

Joseph R. Grunda, Pros. Atty., and J. G. Tassie, Elyria, for appellee.

PER CURIAM.

R.C. 4123.519 provides in pertinent part:

"The claimant or the employer may appeal a decision of the industrial commission * * * in any injury or occupational disease 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 * * *."

While it might be construed that the decision of the Industrial Commission being appealed relates to the extent of disability, this court will not assume that the appellee-judge is unaware of the limitations placed upon the subject-matter jurisdiction of his court by R.C. 4123.519.

This court has long recognized that a court of general jurisdiction has the authority to determine its own jurisdiction in the first instance. Further, this court has held that prohibition will not generally lie to prevent a court from proceeding after a determination of jurisdiction by it, the challenging party having an adequate remedy by way of appeal. State ex rel. Miller v. Court of Common Pleas (1949), 151 Ohio St. 397, 86 N.E.2d 464, paragraph three of the syllabus.

Appellant asserts that this cause falls within the ambit of authority provided by State ex rel. Board...