Thomas v. Conrad

In Thomas v. Conrad (1998), 81 Ohio St.3d 475, 692 N.E.2d 205, the court "addressed the issue of whether an employer has a right to appeal, under R.C. 4123.512, an order not to terminate participation in the fund." The court in Thomas went on to explain its decision not to allow the employer the right to appeal, as follows: "The party who does not prevail - at the time the workers' compensation claim is either granted or terminated - has the right to appeal per R.C. 4123.512. Logically, when the injured worker is granted the right to participate, the right to appeal would be exercised by the employer, since the employee prevailed. The right to appeal would be exercised by the injured worker when he or she is denied the right to participate. When the right to participate is terminated, then, logically, the employee would be exercising the right." Thomas v. Conrad, supra, at 479. Thus, in the Thomas case, the Supreme Court of Ohio "held that the right to appeal an order concerning termination lies only with a claimant whose right is terminated."