Opinion
No. 81-127
Decided July 1, 1981.
Workers' compensation — Permanent partial disability award — Appeal to court — Prohibition — To prevent court from exercising jurisdiction — Complaint dismissed, when.
APPEAL from the Court of Appeals for Trumbull County.
William Morgenstern, relator-appellant herein, suffered an injury while in the course of his employment with General American Transportation Corporation. His workers' compensation claim was allowed and not appealed by the employer.
Subsequently, appellant filed an application for determination of permanent partial disability which was granted. Upon appeal by the employer, both the regional board of review and the Industrial Commission affirmed. The employer then perfected an appeal to the Court of Common Pleas of Trumbull County.
Appellant moved to dismiss for lack of subject matter jurisdiction on the ground that the subject of the appeal was a decision "relating to the extent of disability" and not appealable under R.C. 4123.519. Judge Donald R. Ford of the Court of Common Pleas, respondent-appellee herein, denied the motion. Appellant then brought this action in prohibition in the Court of Appeals requesting that appellee be prevented from exercising jurisdiction over employer's appeal, arguing the same grounds as contained in the motion to dismiss.
The Court of Appeals granted appellee's motion to dismiss the complaint.
The cause is now before this court upon an appeal as of right.
Messrs. Flask Policy and Mr. Constant A. Prassinos, for appellant.
Mr. J. Walter Dragelevich, prosecuting attorney, and Mr. James J. Misocky, for appellee.
Appellant contends the Court of Appeals improperly dismissed the complaint for a writ of prohibition.
It is well-recognized that prohibition will not lie to prevent a court of general jurisdiction from proceeding in an action where it is claimed the court erroneously determined its jurisdiction in the first instance. State, ex rel. Miller, v. Court of Common Pleas (1949), 151 Ohio St. 397; State, ex rel. Gilla, v. Fellerhoff (1965), 44 Ohio St.2d 86; Du Bose v. Court (1980), 64 Ohio St.2d 169.
A common pleas court has general jurisdiction over decisions of the Industrial Commission in injury cases. Its decision to accept jurisdiction upon an interpretation of the "extent of disability" language of R.C. 4123.519 is a determination of its jurisdiction in the first instance and subject to review only on appeal. State, ex rel. McSalters, v. Mikus (1980), 62 Ohio St.2d 162.
Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.