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Faierman v. Conrad11/29/2004
igning two errors.
{ } Assignment of Error No. 1:
{ } "THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO FAIERMAN AND IN DENYING SUMMARY JUDGMENT TO Q MACHINE AND THE ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION, BECAUSE FAIERMAN'S WORKERS' COMPENSATION CLAIM IS BARRED BY RES JUDICATA."
{ } Assignment of Error No. 2:
{ } "THE TRIAL COURT ERRONEOUSLY INTERPRETED AND APPLIED GREENE V. CONRAD WHEN IT FOUND THAT APPELLEE'S SECOND APPLICATION WAS NOT BARRED BY RES JUDICATA."
{ } In their first assignment of error, appellants argue that res judicata was a bar to appellee's second workers' compensation application. In their second assignment of error, appellants argue that the common pleas court erroneously applied Greene. Because appellants' assignments of error are closely related, we will address them together.
{ } The common pleas court granted summary judgment to appellee. It is appropriate for a trial court to grant summary judgment pursuant to Civ.R. 56(C) when (1) there is no genuine issue as to any material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to only one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor. Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66. An appellate court reviews a trial court's decision to grant summary judgment de novo. See Jones v. Shelly Co. (1995), 106 Ohio App.3d 440, 445.
{ } Res judicata operates "to preclude the relitigation of a point of law or fact that was at issue in a former action between the same parties and was passed upon by a court of competent jurisdiction." State ex rel. Kroger Co. v. Indus. Comm. of Ohio, 80 Ohio St.3d 649, 651, 1998-Ohio-174. Where there is a valid, final judgment rendered upon the merits, res judicata bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject of the previous action. Grava v. Parkman Twp., 73 Ohio St.3d 379, 1995-Ohio-331, syllabus.
{ } The doctrine of res judicata applies to orders of administrative agencies, but only orders resulting from administrative proceedings that are judicial in nature, and where the parties had an ample opportunity to litigate the issues in- volved. Greene, 1997 WL 476703 at *3, citing Set Products v. Bainbridge Twp. Bd. of Zoning Appeals (1987), 31 Ohio St.3d. 260, 263. "The Second Restatement of Judgments adopts the doctrine of res judicata as to any 'adjudicative determination by an administrative tribunal * * * only insofar as the proceedings resulting in the determination entailed the essential elements of adjudication.'" Greene, 1997 WL 476703 at *3, citing Restatement of the Law 2d, Judgments (1980), 266, Section 83. Res judicata can apply to orders resulting from workers' compensation proceedings. Cooper v. Administrator of Ohio Bureau of Workers' Compensation (May 30, 2000), Warren App. Nos. CA99-07-082 and CA99-09-108, 2000 WL 710082.
{ } In Greene, the Tenth District Court of Appeals found that the BWC's denial of a plaintiff's initial application for workers' compensation did not bar a second application by that plaintiff based on the same injury. In Greene, the BWC denied the plaintiff's first application on the ground that the plaintiff had "not provided all the information requested by BWC to establish a claim." The plaintiff did not include any medical records with her initial application, though she did provide medical records with her second application. The court found that the BWC's decision denying
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