High Court Says Absent Commissioner Can Cast Vote on Petition for Rehearing

The Ohio Supreme Court is standing by its prior decision that a commissioner did not violate a claimant's due process rights by voting to deny rehearing despite having not attended the hearing on her petition. Case: State ex. rel Evert v. Industrial Commission, No. 2012-1178, 01/20/2015, published. Facts: Donna Evert's husband died on May 28, 2006, as a result of complications from surgery related to an industrial injury that he had sustained in 2004. The Industrial Commission issued an award of death benefits to Evert. Procedural History: In 2007, Evert filed a motion with the Bure...