Injured worker challenges validity of industrial commission appointments
- May 17, 2025
- Posted by: Web workers
- Category: Workers Comp
An injured worker is asking a trial court to prohibit the Ohio Industrial Commission from holding hearings, issuing orders or otherwise discharging its duties because commissioners allegedly do not meet certain statutory requirements.
Suzane Duke, in a lawsuit filed Monday, said none of the three commissioners have the requisite experience to serve on the commission. Specifically, she claims that none of the commissioners have the six years of work comp experience that is required by law.
Ms. Duke injured her back while working for Frito Lay in July 2024. Her claim for a low-back strain was allowed, but a staff hearing officer refused her appeal of a November 2024 decision denying her request for temporary total disability.
The Industrial Commission granted her request for reconsideration and set the matter for a hearing in February. The commission then granted a continuance, delaying the hearing until March 20 because Ms. Duke retained new counsel.
Ms. Duke is now asking the Franklin County Court of Common Pleas to intervene before her hearing and issue an injunction over state law requiring that three commission members have “six or more years of recognized expertise in the field of workers compensation.”
Ms. Duke attached biographies of the three current commissioners to support her claim that they lack the required work expertise or experience to serve.
WorkCompCentral is a sister publication of Business Insurance. More stories here.
