Is Court Review of Denied Workers' Compensation Claim Limited to Issue(s) Addressed In Order Being Appealed?
Or Must Claimant Present Medical Evidence Not Considered by Industrial Commission?
Mark A. Bennett v. Goodremont's, Inc., et al., Case no. 2011-0902
Sixth District Court of Appeals (Lucas County)
ISSUE: When the administrative order denying a workers’ compensation claim is based solely on a finding that the claim is invalid because it arose while the claimant was “going to or coming from work,” and does not address the existence or cause of the claimant’s alleged injury, does a court reviewing that order under R.C. 2143.512 err when it finds that the claim should not have been denied based on the “going to or coming from” rule, but affirms denial of the claim based on the claimant’s failure to present evidence of a work-related injury during the appeal proceeding?