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Warren v. Morrison

Court of Appeals of Ohio, Tenth District

February 23, 2017

James A. Warren et al., Plaintiffs-Appellants,
v.
Sarah D. Morrison, Administrator, Ohio Bureau of Workers' Compensation, Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 14CV-0847)

         On brief:

          Bashein & Bashein Co., L.PA., W. Craig Bashein, and John P. Hurst; Paul W. Flowers Co., L.PA., and Paul W. Flowers; Plevin & Gallucci Co., LPA, and Frank Gallucci, for appellants.

          Michael DeWine, Attorney General, and James A. Barnes; Taft Stettinius & Hollister, LLP, Ronald D. Holman, II, Michael J. Zbiegien, Jr., David J. Butler, and James D. Abrams, for appellee.

Argued:

          Paul W. Flowers.

          James D. Abrams.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Plaintiffs-appellants, James A. Warren and John Mullin, appeal from a judgment of the Franklin County Court of Common Pleas denying their motion for summary judgment and granting the summary judgment motion of defendant-appellee, Sarah D. Morrison, Administrator, Ohio Bureau of Workers' Compensation ("BWC"). For the following reasons, we affirm.

         I. Factual and Procedural Background

         {¶ 2} In November 2013, appellants initiated a class action against the BWC in the Cuyahoga County Court of Common Pleas alleging the BWC failed to follow the requirements of R.C. 4123.62(C) and make the proper adjustments in 2008 and 2010 to the statewide average weekly wage ("SAWW") applicable to the workers' compensation claims of the class members. The BWC moved to transfer venue to Franklin County, and that motion was granted in September 2014. In October 2014, appellants' complaint was filed in the Franklin County Court of Common Pleas. In October 2015, appellants filed an amended complaint, supplementing its allegation that the BWC did not properly adjust the SAWW as required by R.C. 4123.62(C) to include 2009, 2011, 2012, and 2014. On March 15, 2016, the parties filed cross-motions for summary judgment. In April 2016, the trial court determined that the BWC properly adjusted the SAWW for the years at issue as required by R.C. 4123.62(C) and therefore denied appellants' motion for summary judgment and granted the BWC's motion for summary judgment.

         {¶ 3} Appellants timely appeal.

         II. Assignment of Error

         {¶ 4} Appellants assign the following ...


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