State ex rel. Sears Roebuck & Co. v. Indus. Comm’n

Employee was injured in an industrial accident in 1987. The last injury-related bill submitted to either self-insured Employer or its third-party administrator (collectively, Employer) was paid in 1997. In 2008, Employee asked Employer to authorize further treatment. Employer denied the request, relying on former Ohio Rev. Code 4123.52, under which claim inactivity in excess of ten years permanently closed a worker's compensation claim. In an effort to toll the statute, Employee revived an issue relating to a 1998 doctor's visit and requested a hearing on the payment of that outstanding bill. An Industrial Commission staff hearing officer ordered Employer to pay the outstanding bill. The court of appeals vacated the decision and directed the Commission to issue a new order denying payment of the bill. The Supreme Court affirmed, holding that the Commission abused its discretion in ordering the bill to be paid because the visit related to a low-back condition that was not allowed in Employee's claim and there was no evidence establishing a potential connection between Employee's 1987 injury and his 1998 back symptoms.