COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 59978 DAVID LEE DEMASTUS : : : Plaintiff-Appellant : JOURNAL ENTRY : v. : AND : WARNER & SWASEY, INC., ET AL. : OPINION : : Defendant-Appellee : DATE OF ANNOUNCEMENT OF DECISION: MAY 21, 1992 CHARACTER OF PROCEEDING: CIVIL APPEAL FROM THE COMMON PLEAS COURT CASE NO. CV-166298 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: JOHN P. McGINNIS 5333 Northfield Road Bedford Heights, Ohio 44146 For Defendant-Appellee, The Warner & Swasey Company: CREDE CALHOUN 2775 East Overlook Road Suite Nine Cleveland Heights, Ohio 44106 For Defendants-Appellees, James Mayfield, Administrator, Ohio Bureau of Workers' Compen- sation and The Industrial Com- mission of Ohio: PATRICK H. LEWIS Assistant Attorney General 615 West Superior Avenue, 12th Floor Cleveland, Ohio 44113 -2- SPELLACY, P.J.: On March 1, 1982, plaintiff-appellant David Lee Demastus ("appellant") sustained a back injury in the course of his employment with defendant-appellee The Warner and Swasey Company ("appellee"). As a result of his injury, appellant filed for, and was allowed, a claim for Workers' Compensation. On October 28, 1986, appellant applied to re-activate his claim, requesting additional medical benefits and a change in physicians. On August 27, 1987, a district hearing officer denied appellant's application, finding that a claim for chronic lumbosacral spine strain had previously been allowed and that appellant had failed to demonstrate the need for additional medical treatment of his injury. The regional board of review then affirmed the district hearing officer's decision and staff hearing officers subsequently affirmed the regional board of review's decision. On March 14, 1989, appellant filed a notice of appeal with the court of common pleas, appealing from the staff hearing officers' decision. Appellee responded by filing a motion to dismiss under Civ. R. 12(B)(1) for lack of subject matter jurisdiction. On May 16, 1990, the court of common pleas granted appellee's motion. Appellant appeals to this court and raises the following assignment of error: THE TRIAL COURT ERRED IN GRANTING THE DEFEN- DANTS' MOTION TO DISMISS BASED ON LACK OF SUBJECT MATTER JURISDICTION. -3- Appellant's assignment of error lacks merit. R.C. 4123.519 provides, in pertinent part, that: The claimant or the employer may appeal a decision of the industrial commission or of its staff hearing officer *** in any injury or occupational disease case, other than a decision as to the extent of disability, to the court of common pleas ***. In State, ex rel. Bosch, v. Indus. Comm. (1982), 1 Ohio St. 3d 94, syllabus, the court held that: Once a claimant's right to participate in the Workers' Compensation Fund for an injury to a specific part of the body has been de- termined, any further determination of the Industrial Commission pertaining to the computation of compensation payable under the workers' compensation law for that specific injury is as to "extent of disability," and is not appealable pursuant to R.C. 4123.519. See, also, State, ex rel. McGinnis, v. Indus. Comm. (1991), 58 Ohio St. 3d 81, 82; Zavatsky v. Stringer (1978), 56 Ohio St. 2d 386, paragraph two of the syllabus. Thus, a decision by the Industrial Commission concerning the extent of medical benefits is not appealable under R.C. 4123.519. State, ex rel. Campbell, v. Indus. Comm. (1971), 28 Ohio St. 2d 154, syllabus; Hospitality Motor Inns v. Gillespie (1981), 66 Ohio St. 2d 206, 212. Appellant, citing to Gilbert v. Midland-Ross (1981), 67 Ohio St. 2d 267, argues that the hearing officers' decision affected his right to participate in the Workers' Compensation Fund and is, therefore, appealable. Gilbert held that the denial of a claimant's right to reactivate a claim where there had been an -4- intervening work related injury which aggravated the initial injury went to the right to participate and was appealable. Id. at paragraph two of the syllabus. This case is distinguishable from Gilbert, however, because appellant does not claim that he sustained an intervening injury. In fact, the doctor's report appellant has submitted states that "claimant *** denies *** any other injuries." (Report of Gilbert Gross, M.D., dated February 28, 1986). We find, therefore, that the staff hearing officers' decision to affirm the review board's decision constitutes a decision "as to the extent of" appellant's injury. As a result, the trial court properly dismissed appellant's appeal for lack of subject matter jurisdiction. Accordingly, appellant's assignment of error is not well taken. Judgment affirmed. -5- It is ordered that appellees recover of appellants their costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. HARPER, J., AND KRUPANSKY, J., CONCUR. LEO M. SPELLACY PRESIDING JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .