Terrell v. Ford Motor Co.

Excerpt

Subject-matter jurisdiction; jurisdiction; asbestos; wrongful death; Bureau of Workers' Compensation; BWC; lung cancer; estate; next of kin; R.C. 2307.92; R.C. Ch. 2125; R.C. 4123.59; Industrial Commission; exclusive jurisdiction; administrative appeal; constitutionality; declaratory-judgment action; workplace injury; Article II, Section 35 of the Ohio Constitution; right to a remedy. The trial court's administrative dismissal of the Estate's wrongful-death and personal-injury claims against Ford Motor Company is vacated and the case is remanded to the trial court to enter a dismissal based on lack of subject-matter jurisdiction to hear the appeal. The Estate's claims against Ford Motor Company are based on an alleged workplace injury that resulted in the decedent's death. Accordingly, the Bureau of Workers' Compensation and the Industrial Commission have exclusive jurisdiction over the claims asserted, including the claim asserting an as-applied constitutional challenge to R.C. 4123.59. The trial court has subject-matter jurisdiction to hear the constitutional challenge as an administrative appeal from the agency's decision.