James A. Warren et al., Plaintiffs-Appellants,
Sarah D. Morrison, Administrator, Ohio Bureau of Workers' Compensation, Defendant-Appellee.
from the Franklin County Court of Common Pleas (C.P.C. No.
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
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.
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
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.
Assignment of Error
4} Appellants assign the following ...