COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69136 DONALD JONES : ACCELERATED DOCKET : Appellant : : JOURNAL ENTRY -vs- : AND : OPINION MOBIL OIL CORPORATION : : Appellee : PER CURIAM DATE OF ANNOUNCEMENT OF DECISION JANUARY 18, 1996 CHARACTER OF PROCEEDING Civil appeal from Court of Common Pleas Case No. 264462 JUDGMENT Affirmed DATE OF JOURNALIZATION APPEARANCES: For Appellant: For Appellee: W. CRAIG BASHEIN, ESQ. SHELDON R. JAFFERY, ESQ. ANTHONY P. SOUGHAN, ESQ. Ohio Savings Plaza 1200 Illuminating Bldg. 1801 East Ninth Street 55 Public Square Suite 1710 Cleveland, Ohio 44113 Cleveland, Ohio 44114 - 2 - PER CURIAM: This appeal is before the Court on the accelerated docket pursuant to App. R. 11.1 and Loc. App. R. 25. Appellant Donald Jones appeals the trial court's denial of his motion to compel his employer, appellee Mobil Oil Corporation, to pay temporary total disability benefits pursuant to R.C. 4123.56 and 4123.512. For the reasons hereinafter set forth, we find no error below and affirm. Appellant Jones injured his back in an industrial accident on February 22, 1980 while he was employed by appellee Mobil, a self- insured employer, under the workers' compensation laws of Ohio. Appellant timely filed an application for workers' compensation benefits. On October 1, 1990, a hearing was held and the District Hearing Officer allowed appellant's claim for "*** disc herniation L5-S1 with neural foramina encroachment, lumbosacral strain." The District Hearing Officer ordered that appellant was entitled to temporary total disability benefits "from 2-23-90 through 9-30- 90 ***. Further Temporary Total Disability to be paid upon submission of proof to file." Mobil appealed to the Cleveland Regional Board of Review which affirmed the District Hearing Officer on August 15, 1991. Mobil appealed to the Industrial Commission, which refused to hear the appeal. Thereupon, Mobil timely appealed the allowance of the claim to the Cuyahoga County Court of Common Pleas. - 3 - Mobil paid appellant temporary benefits from February 23, 1990 through September 30, 1990 pursuant to the order of the hearing officer. Mobil has not made any temporary total disability payments subsequent to September 30, 1990. During the pendency of the statutory appeal challenging appellee's right to participate in the workers' compensation fund, appellant Jones filed a Motion to Compel Payment of Temporary Total Disability Benefits in the Common Pleas Court to obtain additional benefits for the post September 30, 1990 period. The motion was denied by the trial court for the stated reason that the Common Pleas Court did not have jurisdiction to issue orders with respect to the motion to compel payment of temporary total disability payments. We affirm the trial court's action. The trial court had no jurisdiction over appellant's motion. A Court of Common Pleas lacks subject matter jurisdiction to rule on a decision to allow additional benefits for a previously allowed condition. "For example, a decision by the commission to allow or deny additional compensation for a previously allowed condition when there is no new condition is not appealable because it goes to the extent of the injury - there is no new claim." Felty v. AT & T Technologies, Inc. (1992), 65 Ohio St.3d 234, 240, citing and following State ex rel. Roope v. Indus. Comm. (1982), 2 Ohio St.3d 97. - 4 - The jurisdiction of Common Pleas Court over Industrial Commission decisions is governed by R.C. 4123.512, which states in relevant part: (A) The claimant or the employer may appeal a decision of the Industrial Commission *** in any injury or occupational disease case, other than a decision as to the extent of disability, to the Court of Common Pleas ***. R.C. 4123.512 was formerly known as R.C. 4123.519. The relevant language contained in R.C. 4123.512 was previously contained in R.C. 4123.519. The Ohio Supreme Court has narrowly construed R.C. 4123.512 to mean that the only decisions reviewable by the Common Pleas Courts are those involving a claimant's right to participate or to continue to participate in the State Insurance Fund. Felty v. AT & T Technologies, Inc. (1992), 65 Ohio St.3d 234, 237-238. "Once the right of participation for a specific condition is determined by the Industrial Commission, no subsequent rulings, except a ruling that terminates the right to participate, are appealable pursuant to R.C. 4123.519. (Afrates v. Lorain [1992], 63 Ohio St.3d 22, 584 N.E.2d 1175 followed.)" Id. paragraph two of the syllabus. The sole issue on appeal before the court below is the appellant's right to participate in the workers' compensation system. Appellant's motion to extend the time for which he would receive benefits concerns the extent of disability and is not appealable to the court below. The trial court is without authority to reconsider the extent of appellant's right to - 5 - participate. Felty, supra; Robinson v. Mihm (1993), 92 Ohio App.3d 127, 130; Dennison v. LTV Steel Co. (July 21, 1994), Cuyahoga App. No. 65890, unreported. Any determination of the amount of compensation a claimant is entitled to receive clearly constitutes a decision as to the extent of disability. Szabo v. Cleveland Clinic Foundation (1984), 19 Ohio App.3d 70. Accordingly, the Common Pleas Court was without jurisdiction to hear appellant's Motion to Compel Payment of Temporary Total Disability Benefits. We affirm the trial court's denial of the motion. - 6 - It is ordered that appellee recover of appellant its 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 Court of Common Pleas 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. DAVID T. MATIA, PRESIDING JUDGE JAMES M. PORTER, JUDGE TIMOTHY E. McMONAGLE, 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 .