Appellate Procedures in Workmen's Compensation Cases

Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section amended in 1923, to become effective in 1924, is the authority under which the present Workmen's Compensation law is administered.

The appellate procedure in Workmen's Compensation claims is found in Sections 4123.515 through .519 of the Ohio Revised Code. These procedures can be divided into two classes: (1) appeals within the administrative network, and (2) appeals to the court. This work will discuss both classes of appeals and their interrelationship.