In Fowee v. Wesley Hall, Inc. 108 Ohio St.3d 533, 2006 Ohio 1712, 844 N.E.2d 1193, the Ohio Supreme Court held that the Civil Rules and the savings statute apply to workers' compensation appeals. The Supreme Court in Fowee rejected Appellant's argument that non-compliance with statutes of limitation, whether contained in R.C. 4123.512 or the savings statute, is not fatal to her claim. In Fowee, the claimant offered an argument pursuant to Singer Sewing Machine Co. v. Puckett (1964), 176 Ohio St. 32, 197 N.E.2d 353, paragraph three of the syllabus, the failure to timely file a petition is not fatal to the claim. Fowee at P20. The Supreme Court rejected such argument and held that the claimant was entitled to voluntarily dismiss her complaint in an employer appeal; however, the employer is entitled to judgment on its appeal if the claimant fails to re-file a complaint in accordance with R.C. 2305.19. Id. at P19.