Price v. Goodwill Industries of Akron, Ohio, Inc., 2011-Ohio-783
Feb 18, 2011OUTCOME: Prevailed before the Industrial Commission, upheld by Court of Common Pleas, upheld by Court of Appeals
In June 2008, claimant/plaintiff/appellant filed for workers’ compensation benefits. The district hearing officer as well as the staff hearing officer allowed her claim. Ms. Eberts, on behalf of Good ... will, appealed the decision to the Industrial Commission. Following Ms. Eberts's briefing and oral argument, the Industrial Commission reversed the decision of the district and staff hearing officers. It found that appellant was not entitled to workers’ compensation benefits because she was a fixed-situs employee and therefore was subject to the coming-and-going rule. Claimant/plaintiff/appellant appealed the Industrial Commission’s denial of her claim to the Richland County Court of Common Pleas. There, Ms. Eberts prevailed on her motion for summary judgment, asserting that the coming-and-going rule applied. Claimant/plaintiff/appellant again appealed, this time to the Fifth District Court of Appeals. Ms. Eberts, for Goodwill, again prevailed, asserting that the coming-and-going rule applied.
