Articles Posted in Supreme Court of Ohio

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The Supreme Court reversed the judgment of the court of appeals granting a limited writ of mandamus and ordering the Ohio Highway Patrol Retirement System Board and Ohio Highway Patrol Retirement System (collectively, the Board) to conduct a “physical-capacity evaluation” of Appellee. The Board originally approved Appellee’s disability retirement application but later terminated Appellee’s disability-retirement benefits based on evidence that Appellee was fully recovered and no longer disabled. Appellee appealed, submitting new evidence and a recommendation that Appellee receive a physical-capacity evaluation. The Board upheld its prior decision to terminate disability-retirement benefits without referring Appellee for a physical-capacity evaluation. The court of appeals granted a limited writ of mandamus ordering the Board to conduct the physical-capacity evaluation. The Supreme Court reversed, holding that the Board’s decision was based upon sufficient medical evidence and that the Board had no legal duty to conduct a physical-capacity evaluation before terminating Appellee’s disability benefits. View "State ex rel. Burroughs v. Ohio Highway Patrol Retirement System Board" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals that granted a limited writ of mandamus ordering the Industrial Commission to amend its order awarding permanent-total-disability compensation to adjust the start date of the benefits awarded to Terry Phillips. Phillips suffered a workplace injury in 2011. In 2013, Phillips applied for permanent-total-disability compensation. After a hearing, a staff hearing officer concluded that Phillips was permanently and totally disabled based on the reports of Dr. Amol Soin, Dr. Steven Rosen, and Dr. Norman Berg. R&L Carriers Shared Services, LLC filed a complaint in mandamus arguing that the Commission’s order was not supported by the evidence. The magistrate recommended that the court of appeals issue a writ of mandamus ordering the Commission to amend its order to eliminate from consideration the reports of Dr. Soin and Dr. Rosen and to adjust the start date of the award to coincide with the date of Dr. Berg’s report. The court of appeals adopted the magistrate’s decision. The Supreme Court affirmed, holding that R&L failed to demonstrate that the Commission abused its discretion by entering an order not supported by some evidence in the record. View "State ex rel. R&L Carriers Shared Services, LLC v. Industrial Commission of Ohio" on Justia Law

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The Supreme Court vacated the decision of the Board of Tax Appeals (BTA) that retained the reduced values that the Franklin County Board of Revision (BOR) adopted for eighteen condominium parcels in Franklin County for tax years 2011 through 2013. The BTA upheld the BOR’s valuation on the grounds that it found no evidence to counter the BOR’s decision to modify the auditor’s original assessment of the property. The Supreme Court held (1) the BTA erred by relying on a presumption of validity rather than independently weighing the evidence; and (2) under recent case law, the reduced values ordered by the BOR were properly carried forward from tax year 2011 to tax years 2012 and 2013. View "Columbus City Schools Board of Education v. Franklin County Board of Revision" on Justia Law

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An Industrial Commission order determining that a preexisting condition that was substantially aggravated by a workplace injury has returned to a level that would have existed absent the jury is not appealable to a court of common pleas under Ohio Rev. Code 4123.512(A). Appellee suffered a workplace injury. Appellee’s claim for workers’ compensation was allowed for multiple conditions. The Bureau of Worker’s Compensation later moved to abate Appellee’s claim for substantial aggravated of preexisting dermatomyositis, asserting that Appellee’s dermatomyositis had returned to a level that would have existed without her workplace injury. A hearing officer granted the Bureau’s motion and ordered that compensation and medical benefits were no longer to be paid for the allowed condition. Appellee appealed. The trial court dismissed Appellee’s appeal for lack of jurisdiction, concluding that medical abatement of one condition of a claim is an extent-of-disability issue that cannot be appealed to a common pleas court under section 4123.512(A). The court of appeals reversed, concluding that the order was appealable to the court of common pleas. The Supreme Court reversed, holding that such a decision is not appealable under section 4123.512. Instead, a challenge to the Commission’s final decision regarding the extent of disability is properly made by an action in mandamus. View "Clendenin v. Girl Scouts of Western Ohio" on Justia Law

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The court of appeals properly concluded that the evidence supported the decision of the Industrial Commission that Appellant was not eligible for benefits because he had voluntarily abandoned the workforce for reasons unrelated to his workplace injury. Appellant, who was injured in the course and scope of his employment, filed a complaint in the court of appeals asking the court to issue a writ of mandamus compelling the Commission to find that he was eligible for permanent total disability benefits. The court of appeals denied the writ. The Supreme Court affirmed, holding that the Commission’s order was supported by evidence in the record, and the court of appeals did not err in determining that the Commission did not abuse its discretion and that mandamus was inappropriate. View "State ex rel. McKee v. Union Metal Corp." on Justia Law

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The Supreme Court affirmed the order of the Public Utilities Commission that authorized Duke Energy Ohio, Inc. to recover costs associated with the environmental remediation of two manufactured-gas-plant (MGP) sites near downtown Cincinnati. The court held that the Commission did not exceed its authority when it allowed Duke to recover the costs incurred to remediate the MGP sites. The court dismissed Appellants’ remaining arguments as moot. Because Appellants did not carry their burden of demonstrating that the Commission’s order was unjust, unreasonable or unlawful, the Supreme Court affirmed the Commission's order. View "In re Application of Duke Energy Ohio, Inc." on Justia Law

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The amendment to Ohio Rev. Code 5713.03 enacted in 2012 (H.B. 487) applied to the circumstances of this case and required a remand to the Board of Tax Appeals (BTA) for further consideration. At issue here was a 2013 real property valuation for a lease-encumbered property that had been the subject of recent arm’s-length sales. The Supreme Court held that the H.B. 487 amendment required the BTA to determine the value of the subject property’s unencumbered fee-simple estate. Because the BTA did not properly consider appraisal evidence that purported to explain why the subject property’s recent sale price did not reflect the value of the unencumbered fee-simple estate, the court vacated the BTA’s decision and remanded the case for the BTA to address and weigh the evidence before it. View "Terraza 8, LLC v. Franklin County Board of Revision" on Justia Law

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West Carrollton City Schools Board of Education (BOE) appealed the decision of the Board of Tax Appeals (BTA) that retained the auditor’s update-year valuation of $4,716,690 for 2011 for the two contiguous parcels of property at issue in this case. Specifically, the BOE argued, inter alia, that the BTA acted unreasonably and unlawfully by refusing either to rely on the land-sale price and actual-cost evidence to value to the property. The Supreme Court affirmed, holding (1) Ohio Rev. Code barred the direct use of the land-sale price in Carmax Auto Superstores, Inc.’s 2008 acquisition of the property because Carmax spent more than $7 million on subsequently added improvements; and (2) neither the 2008 land-sale price nor the actual construction costs affirmatively negated the auditor’s valuation, and therefore, the BTA acquired no duty to perform an independent valuation. View "West Carrollton City Schools Board of Education v. Montgomery County Board of Revision" on Justia Law

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The Board of Tax Appeals (BTA) upheld the tax commissioner’s denial of a property tax exemption for Appellant’s four dialysis-service centers for tax year 2007 and the denial of Appellant’s requested remission of the property taxes it paid for those facilities for tax year 2006. The Supreme Court affirmed the decision of the BTA as to tax year 2006 and reversed it as to tax year 2007, holding that remission was properly denied for tax year 2006, but for tax year 2007, Appellant’s use of space at the four centers qualified for exemption. Because some of the space listed in the facilities was leased to private physicians, the properties should be split-listed, with a portion taxable and the dialysis-service facilities exempt. View "Dialysis Centers of Dayton, LLC v. Testa" on Justia Law

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Appellant filed a complaint challenging the $148,800 valuation on certain property found by the fiscal officer for tax year 2012. The Cuyahoga County Board of Revision (BOR) reduced the property value to $60,000. Appellant appealed, seeking a further reduction to $25,000. The Board of Tax Appeals (BTA) affirmed and adopted the BOR’s reduced valuation. On appeal, Appellant contended that he shifted the burden of proof to the county and the county had not met its burden, and that the record negated the fiscal officer’s original assessment. The Supreme Court affirmed, holding that the BTA reasonably and lawfully retained the BOR’s value under the circumstances. View "Moskowitz v. Cuyahoga County Board of Revision" on Justia Law